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Case Notes
Expired Lease Terms Don't Automatically Apply
A New York court recently held that a tenant whose lease had expired could not be presumed to have agreed to continue occupancy on a month-to-month basis on the same terms laid out in the lease absent proof of such agreement. ER. Butler & Co. v. Wyeth Inc., N.Y.L.J. DOI; Pg. 33;Vol. 261; No. 73, (Civ. Ct., Kings Cty. 3/1/19).
Originally, the landlord and tenant were parties to a one-year lease that required the tenant to pay the landlord rent, real estate taxes and attorney fees if such were required due to the tenant's noncompliance. The lease expired in 2004, after which the tenant continued to occupy the premises, without a written contract, on a month-to-month basis.
In August of 2018, the landlord presented to the tenant a three-day notice to quit the premises. The tenant did not leave. The landlord therefore brought this commercial holdover proceeding in which it also sought monetary recovery for rent arrears (approximately $120,000), real estate taxes (approximately $220,000), approximately $16,000 per month for use and occupancy (U&O), and attorney fees.
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