Is Occupant Licensee or Tenant?

October 31, 2009

LVT Number: #22248

Landlord sued to evict apartment occupant. Landlord claimed that occupant was a licensee who no longer had permission to remain in the apartment. The court denied landlord's request to rule on the case without a trial. Landlord appealed and lost. Landlord claimed that there were no questions of fact. But occupant claimed that landlord accepted rent from him during a 14-year period. There were questions about the course of conduct between landlord and occupant, and whether there was any waiver, that required a trial to determine the facts.

Landlord sued to evict apartment occupant. Landlord claimed that occupant was a licensee who no longer had permission to remain in the apartment. The court denied landlord's request to rule on the case without a trial. Landlord appealed and lost. Landlord claimed that there were no questions of fact. But occupant claimed that landlord accepted rent from him during a 14-year period. There were questions about the course of conduct between landlord and occupant, and whether there was any waiver, that required a trial to determine the facts.

80 Delancey, LLC v. Lee: NYLJ, 10/27/09, p. 31, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Shulman, JJ)

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