Brother Can't Sue to Evict Sister

July 31, 2010

LVT Number: #22821

Brother and sister inherited a house from their parents in 1998 as equal tenants in common. They agreed at that time that brother would live in the house with his family. In 2009, sister moved into the house with brother because she was having marital problems. After a year, she refused to move out and brother sued to evict her. The court dismissed the case. There was no landlord-tenant relationship, and therefore no grounds for an eviction proceeding under Real Property Actions and Proceedings Law Section 713. Both brother and sister were equally entitled to live in the house.

Brother and sister inherited a house from their parents in 1998 as equal tenants in common. They agreed at that time that brother would live in the house with his family. In 2009, sister moved into the house with brother because she was having marital problems. After a year, she refused to move out and brother sued to evict her. The court dismissed the case. There was no landlord-tenant relationship, and therefore no grounds for an eviction proceeding under Real Property Actions and Proceedings Law Section 713. Both brother and sister were equally entitled to live in the house.

Lee v. Tabasko: NYLJ, 7/28/10, p. 29, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)

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