No Landlord/Tenant Relationship Between Mother and Son

August 31, 1996

LVT Number: 10830

For 40 years, an elderly mother lived in the downstairs unit of a two-family house while her son and his family lived upstairs. Mother claimed she was son's landlord and sued to evict him. The son claimed that he bought the house in 1957 and a short time later transferred the title to his parents. He said that after his father died, the mother conveyed the house to his brother and him. He gave his mother a lease giving her the right to live in the house rent-free for life. The court ruled against mother. There was no landlord/tenant relationship here.

For 40 years, an elderly mother lived in the downstairs unit of a two-family house while her son and his family lived upstairs. Mother claimed she was son's landlord and sued to evict him. The son claimed that he bought the house in 1957 and a short time later transferred the title to his parents. He said that after his father died, the mother conveyed the house to his brother and him. He gave his mother a lease giving her the right to live in the house rent-free for life. The court ruled against mother. There was no landlord/tenant relationship here. At most there was an agreement to share the upkeep of the house. Both mother and son contributed to a joint account for expenses related to the house.

Maida v. Maida: NYLJ, p. 25, col. 1 (8/14/96) (Civ. Ct. Kings; Reichbach, J)

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