Full Balance: Landlord / Tenant

Landlord may pursue tenant for full balance of a lease

When a tenant vacates the premises prior to the expiration of the lease, the landlord is within its rights under New York law to do nothing and collect the full rent due under the lease (see Holy Props. v. Cole Prods., 87 N.Y.2d 130, 134, 637 N.Y.S.2d 964, 661 N.E.2d 694; see also Rios v. Carrillo, 53 A.D.3d 111, 113, 861 N.Y.S.2d 129). REP A8 LLC v. Aventura Tech., Inc., 68 AD3d 1087, 1089 [2d Dept 2009]; (“If the lease provides that the tenant shall be liable for rent after eviction, the provision is enforceable.” Gallery at Fulton St., LLC v. Wendnew LLC, 30 AD3d 221, 222 [1st Dept 2006]).

 

R. A. Klass
Your Court Street Lawyer

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