Person Misrepresented Himself as Landlord

Tenant sued to recover $5,100 in rent paid to a man who'd fraudulently represented himself as landlord. Tenant rented the apartment and paid her rent on time. Nine months later, she got a notice of eviction addressed to another woman at her apartment address. Tenant discovered that the real landlord was suing to evict the woman named in the nonpayment notice. But tenant was evicted instead, and ended up homeless. The man who'd accepted tenant's rent payments claimed he'd intended to purchase the apartment from the ''real'' tenant---the woman landlord sued to evict for nonpayment---and that this woman had given him permission to rent the apartment. The court ruled that tenant must get her money back. This man had represented himself as landlord, signed a lease with tenant, and accepted her rent payments under false pretenses.

Newesra v. Mc Hugh: NYLJ, p. 32, col. 3 (7/6/94) (Civ. Ct. Queens; Gazzara, J)