Landlord Can't Seek Back Rent from Successor Tenant

February 15, 2018

LVT Number: #28206

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Tenant's father was the prior tenant, who died in September 2016. HPD granted the son's request for succession rights, but not until February 2017. The rent demand sought rent for the months before the son became a recognized tenant. Appeals courts have repeatedly ruled that this was improper since there was no landlord-tenant relationship before succession rights were granted.

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Tenant's father was the prior tenant, who died in September 2016. HPD granted the son's request for succession rights, but not until February 2017. The rent demand sought rent for the months before the son became a recognized tenant. Appeals courts have repeatedly ruled that this was improper since there was no landlord-tenant relationship before succession rights were granted.

Castleton Pres. Hous. Corp. v. Mitchell: Index No. 50831/17, NYLJ No. 1515750046 (Civ. Ct. Richmond; 1/2/18; Mundy, J)

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