Holdover: Lease Expiration
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
2023 NY Slip Op 51260(U)
Decker Associates LLC
Walter Kim, Leslie Ann Feldman-Kim, John Doe, Jane Doe
Hagler, P.J., Tisch, J.
Post-judgment Motion by Tenant
Judgment for Landlord
Landlord Substantially Won
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.
"Decker Assoc. LLC v. Kim" (2023). All Decisions. 1340.