Case Type

Holdover: Lease Expiration

Housing Type

Market Rate

Court

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

County

New York (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

571008/23

Slip Opinion Number

2023 NY Slip Op 51260(U)

Petitioner

Decker Associates LLC

Respondent

Walter Kim, Leslie Ann Feldman-Kim, John Doe, Jane Doe

Judge

Hagler, P.J., Tisch, J.

Decision/Order Date

2023-11-22

Posture

Post-judgment Motion by Tenant

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

This is a holdover case where the tenant held over after the lease expired. The landlord brought a summary proceeding against the tenant for unpaid rent. The tenant appealed, arguing that she was not liable for the rent because she was not a party to the lease. The Appellate Term, First Department modified the judgment to reduce the amount of rent owed by the tenant, but otherwise affirmed the judgment for the landlord. Key Legal Points: 1) A month-to-month tenancy is created under the same terms and conditions as the lease when a lease expires. 2) A person who is not a party to a lease is not liable for unpaid rent. 3) An occupant of premises is liable for use and occupancy, even if they are not a party to the lease.

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