D
dj1
Guest
HERE is the case you want to send to the landlord WITHOUT your March's rent.
The landlord has a duty to re rent at the same rental as you are paying, and it is Illegal for him to try and get a higher rental
You also have proof of 15 takers at the lower erent this is GREAT PROOF to show a judge when they sue you..
And dont for get to counter sue them for your security too.
Its up to you...if you want to sue the landlord first.
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Case Caption:
Solow Management Corp. v. Lovelac
Issues/Legal Principles:
Where landlord agrees to seek to re-let apartment, it must act in good faith in seeking a new tenant.
Keywords:
mitigation of damages
Court:
Civil Court, County of New York
Judge:
Hon. Debra Samuels
Date:
June 28, 2000
Citation:
NYLJ, page 27, col. 6
Referred Statutes:
None cited
Summary:
Landlord sued tenant in Civil Court for rent arrears. The tenant, who had moved from the residential premises, had entered into an agreement with the landlord prior to moving in which the landlord agreed to attempt to re-let the apartment on the condition that the tenant remove all of his possessions from the apartment and pay any costs in connection with the re-letting of the apartment. The landlord claimed that it could not re-let the apartment and sued the tenant for the remainder of the term under the lease. The landlord then moved for summary judgment. The Court denied the motion. It found that there was a question of fact as to whether the landlord had made a good faith effort to re-let the premises where it sought a rent increase of 22% to 40% for the apartment upon re-letting. Court also found that there was a question of fact regarding tenant’s defense of laches since the landlord waited seven months to sue under the lease.
The landlord has a duty to re rent at the same rental as you are paying, and it is Illegal for him to try and get a higher rental
You also have proof of 15 takers at the lower erent this is GREAT PROOF to show a judge when they sue you..
And dont for get to counter sue them for your security too.
Its up to you...if you want to sue the landlord first.
============================
Case Caption:
Solow Management Corp. v. Lovelac
Issues/Legal Principles:
Where landlord agrees to seek to re-let apartment, it must act in good faith in seeking a new tenant.
Keywords:
mitigation of damages
Court:
Civil Court, County of New York
Judge:
Hon. Debra Samuels
Date:
June 28, 2000
Citation:
NYLJ, page 27, col. 6
Referred Statutes:
None cited
Summary:
Landlord sued tenant in Civil Court for rent arrears. The tenant, who had moved from the residential premises, had entered into an agreement with the landlord prior to moving in which the landlord agreed to attempt to re-let the apartment on the condition that the tenant remove all of his possessions from the apartment and pay any costs in connection with the re-letting of the apartment. The landlord claimed that it could not re-let the apartment and sued the tenant for the remainder of the term under the lease. The landlord then moved for summary judgment. The Court denied the motion. It found that there was a question of fact as to whether the landlord had made a good faith effort to re-let the premises where it sought a rent increase of 22% to 40% for the apartment upon re-letting. Court also found that there was a question of fact regarding tenant’s defense of laches since the landlord waited seven months to sue under the lease.