Landlord Sought Eviction of Tenant’s Daughter Without Terminating Tenancy

July 19, 2015

LVT Number: #26280

Landlord sued to evict apartment occupant as a licensee. The occupant was the daughter of the apartment’s rent-stabilized tenant. The court ruled for landlord after trial. Tenant appealed and won. Landlord hadn’t claimed or proved that it had terminated the tenancy of the rent-stabilized tenant, or that he had surrendered possession. So landlord’s petition should have been dismissed. 

Landlord sued to evict apartment occupant as a licensee. The occupant was the daughter of the apartment’s rent-stabilized tenant. The court ruled for landlord after trial. Tenant appealed and won. Landlord hadn’t claimed or proved that it had terminated the tenancy of the rent-stabilized tenant, or that he had surrendered possession. So landlord’s petition should have been dismissed. 

 

 

Adelphi Associates, LLC v. Toruno: 48 Misc.3d 126(A), 2015 NY Slip Op 50903(U) (App. T. 2 Dept.; 6/11/15; Weston, JP, Aliotta, Elliot, JJ)

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