Licensee Became Tenant When Landlord Accepted Rent from Her

October 31, 2009

LVT Number: #22228

Landlord sued to evict apartment occupant after sending a 10-day notice to quit. Landlord claimed that occupant was merely a licensee of former tenant and had no right to remain in the apartment. Occupant claimed that there was a valid assignment to her of tenant's lease. She also claimed that former tenant was illusory. And she pointed out that she paid landlord $1,600 per month directly from May 2004 through December 2005. The court ruled for occupant and dismissed the case. Landlord neither explained nor denied that it took occupant's rent payments.

Landlord sued to evict apartment occupant after sending a 10-day notice to quit. Landlord claimed that occupant was merely a licensee of former tenant and had no right to remain in the apartment. Occupant claimed that there was a valid assignment to her of tenant's lease. She also claimed that former tenant was illusory. And she pointed out that she paid landlord $1,600 per month directly from May 2004 through December 2005. The court ruled for occupant and dismissed the case. Landlord neither explained nor denied that it took occupant's rent payments. Landlord's acceptance of rent payments created a landlord-tenant relationship. So landlord couldn't claim that occupant was a licensee.

23 Manhattan Valley North LLC v. Bass: NYLJ, 10/8/09, p. 28, col. 3 (Civ. Ct. NY; Rashford, J)

Topics

More like this