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Landlord & Tenant Law
Landlord's Relet Does Not Relieve Breaching Tenant from Liability for Rent
Chelsea 8th Ave. LLC v. OA 21st LLC NYLJ 9/19/19, p. 21, col. 2 Supreme Ct., N.Y. Cty (Kahn, J.)
In landlord's action for past and future rent and attorneys' fees resulting from tenant's breach of the lease, landlord moved for summary judgment. The court granted landlord's motion, rejecting tenant's contention that landlord had accepted surrender of the premises.
Landlord and tenant's assignor entered into a 10-year lease in 2012. Three years later, when the assignor filed for bankruptcy, assignor signed the lease to tenant, who paid a security deposit to landlord. In 2017, when tenant failed to pay rent, landlord brought a nonpayment proceeding resulting in tenant's eviction. Landlord subsequently brought this action seeking back rent, rent to the end of the lease term, and attorneys' fees and expenses. Tenant did not contest landlord's right to back rent, but denied liability for future rent, contending that when tenant vacated the premises and landlord relet to a new tenant for a period extending beyond the remainder of the lease term, the result was a surrender by operation of law, excusing tenant from further payment of rent.
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