Landlord Can Evict Part-Time Hospital Employee

Landlord hospital sued to evict tenant, who was part-time employee, after sending tenant a 30-day notice of termination. The trial court ruled against landlord, finding that landlord couldn't evict tenant while she was hospital employee. Landlord appealed. The appeals court reversed and ruled for landlord. Tenant's lease stated that tenant rented the apartment on a month-to-month basis, subject to termination on 30-days' notice. The lease also said that the tenancy would end if tenant's employment ended. But the lease didn't bind landlord to continue the tenancy as long as tenant remained an employee. Landlord, in fact, stated that tenant wasn't eligible to occupy the apartment it used for employee housing because she wasn't a full-time employee.

St. Luke's/Roosevelt v. Perillo: NYLJ, p. 21, col. 1 (7/26/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)