Landlord Can't Seek Eviction of Subtenants Without Naming Tenants

August 8, 2013

LVT Number: #24983

Landlord sued to evict apartment occupants as unauthorized licensees, claiming that the two rent-stabilized tenants of record had moved out and abandoned possession. The occupants asked the court to dismiss the case. The court ruled for the occupants. Landlord can't seek to evict the occupants without bringing an eviction proceeding against the rent-stabilized tenants who had a lease for the apartment. There was no proof that tenants had surrendered possession.

Landlord sued to evict apartment occupants as unauthorized licensees, claiming that the two rent-stabilized tenants of record had moved out and abandoned possession. The occupants asked the court to dismiss the case. The court ruled for the occupants. Landlord can't seek to evict the occupants without bringing an eviction proceeding against the rent-stabilized tenants who had a lease for the apartment. There was no proof that tenants had surrendered possession. The managing agent's mere statement that tenants had abandoned the apartment, without more, was insufficient to warrant a deemed surrender.

935 Eastern Parkway LP v Kaplan: Index No. 86905/12, NYLJ No. 1202611239271 (Civ. Ct. Kings; 7/19/13; Finkelstein, J)

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