Occupant Didn't Have to Pay U&O While Case Pending

December 14, 2020

LVT Number: #31121

Landlord sued to evict apartment occupant, claiming that he was a licensee who no longer had a right to remain in the apartment after tenant vacated. Occupant claimed succession rights and also opposed landlord's request that he continued to pay use and occupancy while the case was pending. The court ruled against landlord. There were issues concerning apartment repairs and, if occupant won on his succession claim and received a lease, he would owe rent only from the point when his lease began. Occupant already had paid $11,000 in use and occupancy to landlord.

Landlord sued to evict apartment occupant, claiming that he was a licensee who no longer had a right to remain in the apartment after tenant vacated. Occupant claimed succession rights and also opposed landlord's request that he continued to pay use and occupancy while the case was pending. The court ruled against landlord. There were issues concerning apartment repairs and, if occupant won on his succession claim and received a lease, he would owe rent only from the point when his lease began. Occupant already had paid $11,000 in use and occupancy to landlord.

105 E. 177th Assocs. LLC v. Scott: Index No. 041263/18, NYLJ No. 1604355559 (Civ. Ct. Bronx; 9/24/20; Weissman, J)

Topics

More like this