Landlord Can Evict Sister-in-Law from Apartment Bedroom

Landlord sued to evict his sister-in-law from one bedroom of an apartment. In a prior case, the 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 claimed that she was in possession of the entire apartment, not just the bedroom, and that landlord’s parents should have been joined in the case. The court ruled for landlord. Tenant appealed and lost. Based on testimony, the trial court found that tenant occupied only one bedroom and that she had abandoned it. It wasn’t necessary to join landlord’s parents. They lived in the apartment but had no other interest in common with tenant.

Bakht v. Akhtar: NYLJ, 8/12/10, p. 31, col. 1 (App. T. 2 Dept.; Pesce, PJ, Weston, Golia, JJ)