Landlord Accepted Rent Checks from Roommate

July 31, 1996

LVT Number: 10814

Landlord sued to evict rent-stabilized tenant's roommate after tenant moved out. Landlord claimed that roommate was a licensee and had no right to remain in the apartment. Roommate claimed that landlord had accepted 14 rent checks from her and had therefore accepted her as new tenant. The court ruled for roommate, and landlord appealed. The appeals court reversed and ruled for landlord. Landlord showed that he didn't intend to accept roommate as new tenant. Landlord had denied roommate's request for a lease in her own name, and she had signed an agreement to move out by a certain date.

Landlord sued to evict rent-stabilized tenant's roommate after tenant moved out. Landlord claimed that roommate was a licensee and had no right to remain in the apartment. Roommate claimed that landlord had accepted 14 rent checks from her and had therefore accepted her as new tenant. The court ruled for roommate, and landlord appealed. The appeals court reversed and ruled for landlord. Landlord showed that he didn't intend to accept roommate as new tenant. Landlord had denied roommate's request for a lease in her own name, and she had signed an agreement to move out by a certain date. Landlord gave roommate more time to find another apartment and accepted roommate's checks without prejudice. Landlord didn't waive his right to contest roommate's occupancy.

Gottlieb v. Aragones: NYLJ, p. 21, col. 3 (7/17/96) (App. T. 1 Dept.; Ostrau, PJ, Freedman, Davis, JJ)

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