New Landlord Bound by Prior Agreement with Tenant

May 31, 2002

LVT Number: 15837

New landlord sued to evict basement apartment tenant, claiming that he wasn't a valid tenant. The court ruled against landlord. Landlord appealed and lost. Tenant, an attorney, represented prior landlord in a foreclosure action before he lived in the building. Because prior landlord couldn't pay tenant, he gave him the apartment rent-free until he could pay tenant a fixed sum and give tenant another apartment at a preferential rent-stabilized rent. Tenant moved into the apartment in 1995, prior landlord died, and no other payment to tenant was made.

New landlord sued to evict basement apartment tenant, claiming that he wasn't a valid tenant. The court ruled against landlord. Landlord appealed and lost. Tenant, an attorney, represented prior landlord in a foreclosure action before he lived in the building. Because prior landlord couldn't pay tenant, he gave him the apartment rent-free until he could pay tenant a fixed sum and give tenant another apartment at a preferential rent-stabilized rent. Tenant moved into the apartment in 1995, prior landlord died, and no other payment to tenant was made. Prior landlord and tenant had created a tenancy agreement, and new landlord was bound by it.

Aron Realty Holdings v. Pollack: NYLJ, 5/23/02, p. 20, col. 2 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

Topics

More like this