No Landlord-Tenant Agreement After Prior Landlord Didn't Renew Lease

January 25, 2016

LVT Number: #26740

In May 2013 landlord sued to evict tenant for nonpayment of rent for the period between April 2010 through May 2013. Tenant asked the court to dismiss the case without a trial. She said she had received a Section 8 subsidy, that her rent-stabilized lease had expired in July 2009, and that she had paid no rent since then. The court dismissed the case, finding that there was no landlord-tenant relationship. Landlord appealed and lost. No rental agreement was in effect between landlord and tenant during the period in question because prior landlord had refused to renew tenant’s lease.

In May 2013 landlord sued to evict tenant for nonpayment of rent for the period between April 2010 through May 2013. Tenant asked the court to dismiss the case without a trial. She said she had received a Section 8 subsidy, that her rent-stabilized lease had expired in July 2009, and that she had paid no rent since then. The court dismissed the case, finding that there was no landlord-tenant relationship. Landlord appealed and lost. No rental agreement was in effect between landlord and tenant during the period in question because prior landlord had refused to renew tenant’s lease. Landlord could start a plenary proceeding against tenant for payment of use and occupancy.

 

 

 
Underhill Avenue Realty, LLC v. Ramos: 49 Misc.3d 155(A), 2015 NY Slip Op 51804(U) (App T. 2 Dept.; 12/8/15; Pesce, PJ, Weston, Aliotta, JJ)

Topics

More like this