A couple rented an apartment. After a period the couple separated and the leaving spouse informed the landlord that she left the apartment and later claimed that she agreed with him that she is exempt from the rent. When lease payments checks bounced the landlord sued both spouses for rent and for alleged damage to the apartment.
The Court dismissed most of the lawsuit due to lack of proof of the damage and proof that most of the claimed lease payments were in fact paid. As to the claim against the spouse that left the apartment, the Court held that the fact that the landlord did not file a claim upon the spouse leaving the apartment prematurely despite the agreement and the fact that the landlord did not approach her when the checks of the other spouse bounced show that the landlord indeed agreed to waive such spouse obligations under the lease