Landlord Must Name Tenant in Eviction Case Against Remaining Apartment Occupants

April 20, 2015

LVT Number: #26100

Landlord sued to evict apartment occupants. Tenant had moved out in 2009, and landlord claimed that occupants were merely tenant's licensees. Occupants claimed that tenant hadn't surrendered the apartment and therefore should have been named as a party in the eviction proceeding. The court ruled for occupants and dismissed the case. Tenant had lived in a nursing home for some time, but landlord continued to execute renewal leases in her name. Landlord's documents didn't prove that tenant had surrendered possession of the apartment.

Landlord sued to evict apartment occupants. Tenant had moved out in 2009, and landlord claimed that occupants were merely tenant's licensees. Occupants claimed that tenant hadn't surrendered the apartment and therefore should have been named as a party in the eviction proceeding. The court ruled for occupants and dismissed the case. Tenant had lived in a nursing home for some time, but landlord continued to execute renewal leases in her name. Landlord's documents didn't prove that tenant had surrendered possession of the apartment. And there was no proof that tenant couldn't or wouldn't return from the nursing home. If landlord seeks eviction, it must name tenant as a party in a new proceeding.

Convent Realty LLC v. Smalo: Index No. 81429/13, NYLJ No. 1202720888845 (Civ. Ct. NY; 2/27/15; Gonzales, J)

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