Landlord Claims Tenant Lives in Another Building

January 9, 2012

LVT Number: #23807

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked the court to dismiss the case during trial, claiming that landlord failed to prove his side of the case. The court ruled for tenant. Landlord appealed and won. Landlord showed that tenant admitted he lived with his wife in a specified building nearby. Landlord also showed that mail sent to tenant at landlord's apartment was returned as undeliverable and that he seldom saw tenant at his building for at least three years, despite repeated attempts to gain access.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant asked the court to dismiss the case during trial, claiming that landlord failed to prove his side of the case. The court ruled for tenant. Landlord appealed and won. Landlord showed that tenant admitted he lived with his wife in a specified building nearby. Landlord also showed that mail sent to tenant at landlord's apartment was returned as undeliverable and that he seldom saw tenant at his building for at least three years, despite repeated attempts to gain access. The fact that landlord didn't prove each and every allegation stated in his termination notice wasn't a valid reason to dismiss the case. The case was sent back for a new trial.

Budhu v. Castro: NYLJ, 12/12/11, p. 21, col. 2 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter Jr., JJ)

Topics

More like this