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The court ruled the evidence supported an oral change to the lease. The landlord's own email, the checks, and the rent statement all pointed to the same $15,000 credit. The court said this pattern of actions matched what both sides actually expected going forward. It also noted the landlord's witness at trial did not have personal knowledge of the deal, and the person who did make the agreement never testified. Because of this, the trial court's math on the rent owed was upheld. The court also denied the landlord's request for attorneys' fees, since the landlord did not win on the main issue.
Aryeh Realty Corp. leased commercial space to 18 East 69th Street Tenant, LLC. The written lease set monthly rent starting at $75,000. The lease also said any changes had to be in writing and signed by both sides. Later, the landlord's principal sent an email saying the tenant had been getting a $15,000 monthly credit. There were also checks matching that credit amount, including one tied to a security deposit. The landlord's own rent statement showed the credit too. When the landlord sued for unpaid rent, the tenant argued the lease had been changed by agreement, not just on paper.
The lease said changes needed a signed writing. So could the parties still change the rent through emails, checks, and payment history alone? The court had to decide if this evidence was enough to show a real change to the lease, even without a formal signed amendment.
This case shows that a lease's 'no oral changes' clause is not always the final word. Courts can look at emails, payments, and other conduct to find that both sides agreed to different terms in practice. For landlords and tenants alike, this highlights how actions and paper trails can carry real legal weight.
Talk to a licensed landlord tenant lawyer in New York.