Landlord Can Evict Tenants' Roommate

September 30, 1999

LVT Number: 13540

Landlord sued to evict rent-stabilized tenants' roommate 11 years after tenants moved out. The roommate claimed he was a tenant. The court ruled for landlord. Roommate appealed and lost. Although the roommate directly paid prior landlord one third of the monthly rent for a brief period between 1983 and 1984, he made no further payments before tenants moved out in 1986 or afterwards. Prior landlord also had refused to add roommate's name to any renewal lease. Since neither prior nor current landlord had ever accepted the roommate as a tenant, landlord could evict him.

Landlord sued to evict rent-stabilized tenants' roommate 11 years after tenants moved out. The roommate claimed he was a tenant. The court ruled for landlord. Roommate appealed and lost. Although the roommate directly paid prior landlord one third of the monthly rent for a brief period between 1983 and 1984, he made no further payments before tenants moved out in 1986 or afterwards. Prior landlord also had refused to add roommate's name to any renewal lease. Since neither prior nor current landlord had ever accepted the roommate as a tenant, landlord could evict him.

Har Holding Co. v. Feinberg: NYLJ, p. 29, col. 2 (9/27/99) (App. T.1 Dept.; Parness, PJ, Freedman, Davis, JJ)

Topics

More like this