Landlord's Agent Started Nonpayment Case

July 31, 1994

LVT Number: 8990

Management company sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that management company was only landlord's agent and, therefore, couldn't sue tenant. Management company argued that it was landlord's net lessee, and that tenant's lease gave it enough control over the building to sue tenant for nonpayment in landlord's place. The court dismissed the case. Management company didn't prove it was landlord's net lessee.

Management company sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that management company was only landlord's agent and, therefore, couldn't sue tenant. Management company argued that it was landlord's net lessee, and that tenant's lease gave it enough control over the building to sue tenant for nonpayment in landlord's place. The court dismissed the case. Management company didn't prove it was landlord's net lessee. The lease referred to management company as landlord's ''lessee or agent.'' So managing agent can't sue tenant for nonpayment of rent.

South Bronx Community Management, Inc. v. Santiago: NYLJ, p. 28, col. 3 (7/13/94) (Civ. Ct. Bronx; Heymann, J)

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