Commercial Tenant Wasn't Entitled to Live in Space Behind Salon

November 24, 2014

LVT Number: #25877

Commercial tenant sued landlord, claiming that he was illegally evicted from a residential portion of the premises. Landlord claimed that there was no agreement to rent any residential space. The court ruled against tenant and dismissed the case. The lease between landlord and tenant called for tenant to construct and develop a high-end beauty salon and stated that the premises was for commercial use only and not for living or sleeping quarters. Tenant was unable to fund or complete the construction and was evicted from the second-floor front salon.

Commercial tenant sued landlord, claiming that he was illegally evicted from a residential portion of the premises. Landlord claimed that there was no agreement to rent any residential space. The court ruled against tenant and dismissed the case. The lease between landlord and tenant called for tenant to construct and develop a high-end beauty salon and stated that the premises was for commercial use only and not for living or sleeping quarters. Tenant was unable to fund or complete the construction and was evicted from the second-floor front salon. Tenant claimed that landlord knew he was living in the rear portion of the space. But there was no valid landlord/tenant relationship for the rear second-floor space, which wasn't a residential apartment in any event.

Ferby v. Jonero, LLC: Index No. 62628/13, NYLJ No. 1202672710676 (Sup. Ct. Kings; 9/12/14; Thompson, J)

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