Teitelbaum v. Direct Realty Co.
Supreme Court of New York, Nassau County
13 N.Y.S.2d 886 (1939)
Relevant factsFree
Teitelbaum (plaintiff) signed a lease with Direct Realty Co. (defendant) to open a drugstore in Hempstead, New York, set to take possession on July 1, 1938, but the prior tenants refused to vacate. Direct Realty sued the holdover tenants to remove them, and they did not leave until January 1939, several months after Teitelbaum's scheduled possession date. Teitelbaum then sued Direct Realty for the resulting damages.
IssueFree
Whether a landlord has an implied obligation to oust a holdover trespasser from leased premises so that a new tenant can take possession on schedule.