Landlord Without Valid Deed Can't Evict Tenant

Landlord sued to evict month-to-month tenant from one-family house. The “tenant” claimed that he had rented the house from prior landlord under a 10-year lease with an option to renew or purchase the house. He had paid a $30,000 security deposit and $15,000 option deposit. He had also spent $66,000 on house improvements. Tenant also claimed that landlord didn’t have a valid deed to the house. The court ruled for tenant and dismissed the case. Prior landlord had died in 2013. Housing court can’t decide a claim for title to the house. But housing court can, and did, find that landlord failed to prove it had good title. In this case, the deed from prior landlord to current landlord was signed by prior landlord’s agent. Even if a power of attorney authorizing prior landlord’s agent to act was not forged as tenant claimed, prior landlord didn’t initial any of the brackets set forth in the “Grant of Authority” section of the Power of Attorney form. So there was no authority to transfer the house to landlord and the case must be dismissed.

Majada, Inc. v. Doe: 49 Misc.3d 1202(A), 2015 NY Slip Op. 51366(U) (Civ. Ct. Queens; 9/4/15; Badillo, J)