Eviction Case Dismissed Absent Landlord-Tenant Relationship

Landlord sued to evict occupants he claimed were month-to-month tenants. Landlord was related to occupants and claimed that he became the owner of their house when occupants couldn't pay the mortgage. Landlord previously was occupants' tenant. Landlord admitted that he never charged occupants rent, but that they paid the mortgage after he took title. He also never paid to transfer title since occupants paid the mortgage, utilities, and repairs. The court ruled against landlord. There was no agreement to pay rent and any dispute about the mortgage payments couldn't be raised in a landlord-tenant proceeding. No landlord-tenant relationship was established, and the court had no authority to decide the issues raised in this case.

Cazares v. Aguilar: Index No. LT-003118-11, NYLJ No. 1202543624953 (Dist. Ct. Nassau; 2/22/12; Fairgrieve, J)