Landlord Can't Sue Successor Tenant for Nonpayment of Rent

June 20, 2016

LVT Number: #27035

Landlord sued to evict the grandson of deceased rent-controlled tenant for nonpayment of rent. The grandson asked the court to dismiss the case because there was no landlord-tenant relationship between the parties. The court ruled for grandson and dismissed the case. In a prior case, the court found that the grandson had succession rights. But the grandson had never signed a lease agreement. Therefore, since there was no agreement by the grandson to pay rent, the case must be dismissed.

 

 

Landlord sued to evict the grandson of deceased rent-controlled tenant for nonpayment of rent. The grandson asked the court to dismiss the case because there was no landlord-tenant relationship between the parties. The court ruled for grandson and dismissed the case. In a prior case, the court found that the grandson had succession rights. But the grandson had never signed a lease agreement. Therefore, since there was no agreement by the grandson to pay rent, the case must be dismissed.

 

 

UHAB HDFC v. Sylvester: Index No. 68431/2015, NYLJ 1202758471136 (Civ. Ct. NY; 5/17/16; Weisberg, J)

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