Landlord Can't Base Eviction on Alternative Theories

April 1, 1994

LVT Number: 8681

Landlord City of New York sued to evict occupant, claiming that occupant was either a squatter or licensee. Occupant claimed that landlord's notice to quit contained inconsistent claims. The court agreed, and ruled against landlord. It wasn't enough for landlord to simply argue that it didn't know whether occupant was a squatter or a licensee. In this case, landlord should have known, or was in a position to know. Granted, landlord took over the building through a foreclosure---but that was seven years before the occupant moved in.

Landlord City of New York sued to evict occupant, claiming that occupant was either a squatter or licensee. Occupant claimed that landlord's notice to quit contained inconsistent claims. The court agreed, and ruled against landlord. It wasn't enough for landlord to simply argue that it didn't know whether occupant was a squatter or a licensee. In this case, landlord should have known, or was in a position to know. Granted, landlord took over the building through a foreclosure---but that was seven years before the occupant moved in. Also, in its notice, landlord didn't explain why it didn't know occupant's status.

City of New York v. Bullock: 606 NYS2d 552 (11/29/93) (Civ. Ct. NY; Johnson, J)

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