Landlord Claims Occupant Is Squatter or Licensee

August 14, 2014

LVT Number: #25684

Landlord sued to evict apartment occupant as trespasser, squatter, or licensee whose permission to occupy the unit had expired. Occupant claimed that he was a rent-stabilized SRO tenant who had lived in the apartment for a number of years. He produced some rent receipts from 2005 or 2006. But landlord argued that this didn't prove that occupant lived in the apartment on an ongoing basis.

Landlord sued to evict apartment occupant as trespasser, squatter, or licensee whose permission to occupy the unit had expired. Occupant claimed that he was a rent-stabilized SRO tenant who had lived in the apartment for a number of years. He produced some rent receipts from 2005 or 2006. But landlord argued that this didn't prove that occupant lived in the apartment on an ongoing basis. Occupant asked the court to dismiss the case because landlord's termination notice claimed that he was either a squatter or a licensee without specifying which, and because it didn't explain why it claimed both. The court ruled for tenant. Landlord could claim, in the alternative, that occupant was either a squatter or licensee. But if landlord wasn't sure which one occupant was, its notice must explain why. Landlord could start the case over with a proper notice setting forth why it believed that occupant was either a squatter or a licensee.

451 Marion LLC v. Gonzalez: 44 Misc.3d 1213(A), 2104 NY Slip Op 51103(U) (Civ. Ct. NY; 7/15/14; O'Neill-Levy, J)

Topics

More like this