Landlord Can't Evict Occupant with Life Estate in Apartment

February 18, 2016

LVT Number: #26806

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had no standing to bring the case. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant had a life estate in the apartment she occupied, spelled out in the deed to the property. Landlord had no right to possession of the apartment. So landlord had no standing to bring a nonpayment proceeding against tenant. 

 

 

 

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had no standing to bring the case. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Tenant had a life estate in the apartment she occupied, spelled out in the deed to the property. Landlord had no right to possession of the apartment. So landlord had no standing to bring a nonpayment proceeding against tenant. 

 

 

 
Kurek v. Luszcyk: Index No. 2014-998, NYLJ No. 1202746252514 (App. T. 2 Dept.; 12/8/15; Elliot, JP, Pesce, Solomon, JJ)

Topics

More like this