Landlord's Stepmother Entitled to Life Lease

December 1, 2009

LVT Number: #22288

Landlords father and son owned an apartment building. The father and stepmother lived on the second floor. In 1997, the father conveyed his half of the ownership interest in the building to the son. In exchange, the son agreed that the father and stepmother could continue to live rent free for life in the apartment. Twelve years later, the son sued to evict the stepmother. He now claimed that the agreement was invalid. Tenant stepmother asked the court to dismiss the case. The court ruled for tenant.

Landlords father and son owned an apartment building. The father and stepmother lived on the second floor. In 1997, the father conveyed his half of the ownership interest in the building to the son. In exchange, the son agreed that the father and stepmother could continue to live rent free for life in the apartment. Twelve years later, the son sued to evict the stepmother. He now claimed that the agreement was invalid. Tenant stepmother asked the court to dismiss the case. The court ruled for tenant. Although the agreement wasn’t in writing, the son admitted that he had agreed to give tenant and his father a life lease in the apartment. The agreement was valid, and the son couldn’t evict the stepmother.

Spataro v. Spataro: NYLJ, 11/6/09, p. 27, col. 1 (Civ. Ct. Kings; Finkelstein, J)

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