Landlord Who Assigned Lease Can't Bring Eviction Case

January 1, 1999

LVT Number: 12907

Landlord sued to evict tenant for lease violations, including tenant's installation of an air-conditioning system on the roof. Tenant claimed landlord had no right to bring the eviction case because landlord had assigned tenant's lease to another party. The court ruled for tenant and dismissed the case. Landlord's assignment agreement didn't just give the right to collect rent payments to the other party. It also transferred all of landlord's ''right, title and interest'' in the apartment to the other party.

Landlord sued to evict tenant for lease violations, including tenant's installation of an air-conditioning system on the roof. Tenant claimed landlord had no right to bring the eviction case because landlord had assigned tenant's lease to another party. The court ruled for tenant and dismissed the case. Landlord's assignment agreement didn't just give the right to collect rent payments to the other party. It also transferred all of landlord's ''right, title and interest'' in the apartment to the other party.

Schapiro v. Guerrini: NYLJ, p. 27, col. 4 (12/9/98) (Civ. Ct. NY; Malatzky, J)

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