Judge Peter Wendt
Landlord commenced a non-payment proceeding seeking rent for February through June 2012 under Real Property Actions and Proceedings Law §711(2). Tenant McEntyre started paying rent from July 1, 2012, the date his own lease started, and moved for dismissal arguing there was no lease or other rental agreement between the parties for the period between expiration of his late mother’s lease and the time his own lease commenced. Landlord conceded McEntyre informed it of his mother’s death and requested a renewal lease in his own name, which was denied until various documents were presented to landlord. The court found as there was no lease or other rental agreement between the parties from Feb. 1, 2012 through June 30, 2012, and no attornment or rent payment was accepted by landlord from McEntyre during such time, there was no rental agreement under which McEntyre could be held in default for under §711(2). Therefore, the court concluded as McEntyre paid all rent due under his lease, he could not be sued for rent covering a period before landlord ever recognized him as a tenant. Hence, landlord’s petition was dismissed.
