Landlord's Petition Defective

January 1, 1994

LVT Number: 8451

Landlord sued to evict occupant, claiming that he was either a squatter or a licensee. Occupant argued that the case should be dismissed because landlord's claims were inconsistent and because landlord's petition didn't sufficiently state the facts upon which the proceeding was based. The court ruled for occupant. It's acceptable, in some cases, for landlord to claim that occupant is unauthorized---either as a squatter or a licensee. But, if landlord doesn't know whether occupant is a squatter or a licensee, landlord must state why it doesn't know in its termination notice and petition.

Landlord sued to evict occupant, claiming that he was either a squatter or a licensee. Occupant argued that the case should be dismissed because landlord's claims were inconsistent and because landlord's petition didn't sufficiently state the facts upon which the proceeding was based. The court ruled for occupant. It's acceptable, in some cases, for landlord to claim that occupant is unauthorized---either as a squatter or a licensee. But, if landlord doesn't know whether occupant is a squatter or a licensee, landlord must state why it doesn't know in its termination notice and petition. Landlord didn't do so here, so its facts were insufficient.

City of New York v. Bullock: NYLJ, p. 25, col. 6 (12/29/93) (Civ. Ct. Kings; Johnson, J)

Topics

More like this