Net Lessee Has Standing to Commence Eviction Proceeding

January 29, 2020

LVT Number: #30604

Landlord sued to evict hotel-stabilized permanent tenant for nonpayment of rent. Tenant claimed that landlord, a net lessee, didn't have standing to bring the eviction proceeding. The court ruled against tenant, who appealed and lost. Tenant couldn't claim landlord didn't have standing since tenant previously sued landlord and got a judgment against landlord in an illegal lockout proceeding. And, in any event, landlord showed that it was the hotel's net lessee and therefore was legally entitled to commence the eviction proceeding.

Landlord sued to evict hotel-stabilized permanent tenant for nonpayment of rent. Tenant claimed that landlord, a net lessee, didn't have standing to bring the eviction proceeding. The court ruled against tenant, who appealed and lost. Tenant couldn't claim landlord didn't have standing since tenant previously sued landlord and got a judgment against landlord in an illegal lockout proceeding. And, in any event, landlord showed that it was the hotel's net lessee and therefore was legally entitled to commence the eviction proceeding. And landlord was entitled to the unpaid rent from tenant. It didn't matter that a permanent tenant didn't have a lease.

Audthan LLC v. Guira: 66 Misc.3d 134(A), 2019 NY Slip Op 52125(U) (App. T. 1 Dept.; 12/31/19; Shulman, PJ, Edmead, J)

Topics

More like this