Family Member Can't Be Evicted for Nonpayment of Tenant's Rent

September 21, 2014

LVT Number: #25719

Landlord sued to evict the successor family member to rent-stabilized tenant's lease for nonpayment of rent. The court dismissed the case because there was no landlord-tenant relationship between the parties. Landlord appealed and lost. The successor didn't become a tenant obligated to pay rent until landlord signed a lease agreement with him. At the time the nonpayment proceeding was commenced, there was no landlord-tenant relationship with the lease successor, so landlord couldn't sue to evict him for nonpayment of rent.

Landlord sued to evict the successor family member to rent-stabilized tenant's lease for nonpayment of rent. The court dismissed the case because there was no landlord-tenant relationship between the parties. Landlord appealed and lost. The successor didn't become a tenant obligated to pay rent until landlord signed a lease agreement with him. At the time the nonpayment proceeding was commenced, there was no landlord-tenant relationship with the lease successor, so landlord couldn't sue to evict him for nonpayment of rent.

Putnam Realty Associates, LLC v. Piggot: 2014 NY Slip Op 51306(U), 2014 WL 42250375 (App. T. 2 Dept.; 8/20/14; Pesce, PJ, Aliotta, Solomon, JJ)

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