Deceased Tenant's Daughter Was Licensee

April 1, 2005

LVT Number: 17980

Landlord sued to evict deceased tenant's daughter. Landlord claimed that daughter was a licensee, not a tenant. The court ruled for landlord. The daughter appealed and lost. After tenant died, landlord of low-income cooperative apartment allowed tenant to live in the apartment on a probationary basis under a license agreement. If tenant paid use and occupancy on time, landlord said it would let the daughter become a month-to-month tenant. The daughter didn't pay on time. Landlord was entitled to terminate the license agreement. The daughter never became a tenant.

Landlord sued to evict deceased tenant's daughter. Landlord claimed that daughter was a licensee, not a tenant. The court ruled for landlord. The daughter appealed and lost. After tenant died, landlord of low-income cooperative apartment allowed tenant to live in the apartment on a probationary basis under a license agreement. If tenant paid use and occupancy on time, landlord said it would let the daughter become a month-to-month tenant. The daughter didn't pay on time. Landlord was entitled to terminate the license agreement. The daughter never became a tenant.

36 Attorney St. Tenants Assn. v. Casalinuoro: NYLJ, 3/16/05, p. 30, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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