Father-in-Law Can Evict Daughter-in-Law as Licensee

March 31, 2009

LVT Number: #21108

Landlord sued to evict his daughter-in-law from a beach cottage he owned, claiming that she was a licensee. The daughter-in-law claimed that she was a family member, not a licensee, and that landlord therefore couldn't maintain an eviction proceeding against her. The court ruled for landlord. The daughter-in-law was getting divorced from landlord's son, and the son had moved out of the cottage. Landlord had no legal duty to support the daughter-in-law. He was the sole owner of the cottage and never lived in it with his son and daughter-in-law.

Landlord sued to evict his daughter-in-law from a beach cottage he owned, claiming that she was a licensee. The daughter-in-law claimed that she was a family member, not a licensee, and that landlord therefore couldn't maintain an eviction proceeding against her. The court ruled for landlord. The daughter-in-law was getting divorced from landlord's son, and the son had moved out of the cottage. Landlord had no legal duty to support the daughter-in-law. He was the sole owner of the cottage and never lived in it with his son and daughter-in-law.

Lally v. Fasano: NYLJ, 3/5/09, p. 28, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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