Eviction Case Against Occupants Dismissed for Failure to Name Tenant's Estate as Party

June 25, 2024

LVT Number: #33245

Landlord sued to evict "John Doe" and "Jane Doe," who occupied tenant's apartment after tenant died. The occupants asked the court to dismiss the case because it hadn't named the tenant's estate as a party to the proceeding. Landlord claimed that it wasn't required to do this since tenant died without a will. The court disagreed and ruled for occupants, finding there was no surrender of the premises, and landlord was required to terminate the tenancy of the estate of the tenant of record.

Landlord sued to evict "John Doe" and "Jane Doe," who occupied tenant's apartment after tenant died. The occupants asked the court to dismiss the case because it hadn't named the tenant's estate as a party to the proceeding. Landlord claimed that it wasn't required to do this since tenant died without a will. The court disagreed and ruled for occupants, finding there was no surrender of the premises, and landlord was required to terminate the tenancy of the estate of the tenant of record. The lease didn't terminate upon tenant's death but instead became the personal property of the estate. So, landlord's petition was defective and the case was dismissed.

ENY Development LLC v. Youmans: Index No. LT-313691-22, NYLJ No. 1715647290 (Civ. Ct. Kings; 5/7/24; Howard, J)

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