Landlord Can Evict His Sister-in-Law from Abandoned Room

July 31, 2010

LVT Number: #22826

Landlord sued to evict tenant, who was his sister-in-law, from one room in an apartment. In a prior case, a court ruled that the sister-in-law was a tenant at will together with landlord's father and mother. Landlord claimed that tenant abandoned the rest of the apartment. Tenant asked the court to dismiss the case. She claimed she occupied the entire apartment, and that landlord should have named his father and mother as parties to the new case. The court ruled for landlord after trial.

Landlord sued to evict tenant, who was his sister-in-law, from one room in an apartment. In a prior case, a court ruled that the sister-in-law was a tenant at will together with landlord's father and mother. Landlord claimed that tenant abandoned the rest of the apartment. Tenant asked the court to dismiss the case. She claimed she occupied the entire apartment, and that landlord should have named his father and mother as parties to the new case. The court ruled for landlord after trial.
Tenant appealed and lost. The trial court relied on witness testimony to determine that tenant had abandoned the apartment, except for her bedroom. So it didn't matter if the petition misdescribed the premises sought to be recovered. And landlord's parents were not necessary parties, since landlord didn't have to seek their eviction in order to evict his sister-in-law.

Bakht v. Akhtar: 2010 NY Slip Op 51344(U), 2010 WL 2990164 (7/29/10) (App. T 2 Dept.; Pesce, PJ, Weston, Golia, JJ)

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