Landlord Didn't Accept Occupant as Tenant

April 1, 1999

LVT Number: 13159

Landlord sued to evict rent-stabilized tenant's roommate two months after tenant moved out. Roommate claimed that he was entitled to remain as a rent-stabilized tenant because landlord had accepted rent from him. The court ruled for roommate, and landlord appealed. The appeals court ruled for landlord. While tenant lived in the apartment, landlord accepted roommate's checks for half the rent. But landlord treated roommate only as an apartment occupant and didn't accept rent from roommate after tenant moved out. So there was no waiver.

Landlord sued to evict rent-stabilized tenant's roommate two months after tenant moved out. Roommate claimed that he was entitled to remain as a rent-stabilized tenant because landlord had accepted rent from him. The court ruled for roommate, and landlord appealed. The appeals court ruled for landlord. While tenant lived in the apartment, landlord accepted roommate's checks for half the rent. But landlord treated roommate only as an apartment occupant and didn't accept rent from roommate after tenant moved out. So there was no waiver.

The Missionary Sisters of the Sacred Heart, Inc. v. Weiss: NYLJ, p. 29, col. 2 (3/31/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)

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