Petitioner Had No Landlord-Tenant Relationship with Tenant

January 14, 2014

LVT Number: #25256

Petitioner, claiming that he was landlord, sued to evict tenant. Tenant claimed that it had no landlord-tenant relationship with petitioner and asked the court to dismiss the case. Landlord argued that tenant became a "tenant at sufferance" after prior tenant assigned the lease to tenant. The court ruled for tenant. Even if tenant were a tenant at sufferance who took over the lease, landlord wasn't the party that signed the lease. The lease was signed by a realty company.

Petitioner, claiming that he was landlord, sued to evict tenant. Tenant claimed that it had no landlord-tenant relationship with petitioner and asked the court to dismiss the case. Landlord argued that tenant became a "tenant at sufferance" after prior tenant assigned the lease to tenant. The court ruled for tenant. Even if tenant were a tenant at sufferance who took over the lease, landlord wasn't the party that signed the lease. The lease was signed by a realty company. So there was no landlord-tenant relationship between petitioner and tenant, and the petition seeking eviction was therefore defective. 

Sarva v. Kaikov: Index No. LT005101-13, NYLJ No. 1202634230555 (Dist. Ct. Nassau; 12/16/13; Fairgrieve, J)

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