Landlord Can Sue Tenant's Claimed Successor in Summary Nonpayment Proceeding for Rent

Landlord of Mitchell-Lama co-op apartment sued to evict tenant and occupant, claiming that they had agreed to pay $1,463 per month under a rental agreement. The apartment tenant was deceased at the time landlord started the case. The occupant claimed succession rights about six months after landlord commenced the proceeding. That occupant asked the court to dismiss the eviction case, arguing that there was no rental agreement between landlord and occupant.

The court ruled for occupant and dismissed the case. When there's no agreement to pay rent, either express or implied, a nonpayment proceeding can't be maintained. Even when there is an agreement to pay rent, it must be in effect at the time the nonpayment proceeding is started. Successor tenants are not liable for any rent accruing before they become party to a lease. And such an occupant isn't bound by any language in a deceased tenant's expired lease providing that the lease is binding on landlord, tenant, and their successors. In this case, landlord couldn't rely on the deceased tenant's occupancy agreement both because the occupant wasn't a party to the agreement and the agreement didn't require payment of "rent." The agreement provided that the occupant may be responsible for payment of use and occupancy, which the landlord must seek through a plenary action against the occupant.

Tilden Towers Hous. Co., Inc. v. Edwards: Index No. L&T 10479-2019, 78 Misc.3d 1205(A), 2023 NY Slip Op 50160(U)(Civ. Ct. Bronx; 3/6/23; Ibrahim, J)