Daughter Signed Renewal Leases in Tenant's Name After Tenant Died

February 20, 2019

LVT Number: #29911

Landlord sued to evict rent-stabilized tenant's daughter 14 years after tenant died. The daughter claimed succession rights. After pre-trial questioning, landlord asked the court to rule in its favor without a trial. The daughter had signed six renewal leases in tenant's name after tenant died. The court ruled against landlord, finding that whether the daughter's misrepresentations to landlord were intended to deceive or were borne out of ignorance was a question of fact that required a trial.

Landlord sued to evict rent-stabilized tenant's daughter 14 years after tenant died. The daughter claimed succession rights. After pre-trial questioning, landlord asked the court to rule in its favor without a trial. The daughter had signed six renewal leases in tenant's name after tenant died. The court ruled against landlord, finding that whether the daughter's misrepresentations to landlord were intended to deceive or were borne out of ignorance was a question of fact that required a trial. There were also questions as to whether landlord had notice of the daughter's claimed long-term occupancy of the apartment. 

JIMS Realty LLC v. Barrett: Index No. L&T77633/17, 2019 NY Slip Op 29004 (Civ. Ct. NY; 1/3/19; Wang, J)

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