Mother Can't Evict Daughter Since There Was No Landlord/Tenant Relationship

March 30, 2017

LVT Number: #27597

A mother sued to evict her daughter from a single-family home that she owned. The court found that there was no landlord-tenant relationship and dismissed the case. The daughter moved in with the mother in 1999, moved out in 2006, and moved back in in 2010 when her then-husband was deployed in military service. The daughter used the whole house but didn’t pay rent to her mother. The mother alone paid for the maintenance and upkeep of the house.

 

 

A mother sued to evict her daughter from a single-family home that she owned. The court found that there was no landlord-tenant relationship and dismissed the case. The daughter moved in with the mother in 1999, moved out in 2006, and moved back in in 2010 when her then-husband was deployed in military service. The daughter used the whole house but didn’t pay rent to her mother. The mother alone paid for the maintenance and upkeep of the house.

 

 
Calderon v. Mancilla: Index No. 53272/16, NYLJ No 1202778231401 (Civ. Ct. Richmond; 1/19/17; Mundy, J)

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