Son Claims Landlord Accepted Him as Tenant

November 24, 2015

LVT Number: #26631

Landlord sued to evict rent-stabilized tenant’s son after tenant died in 2014. The son asked the court to dismiss the case, claiming that he had succession rights. The son claimed that he had lived with tenant since 2008. He also claimed that landlord accepted rent payments from him, creating a tenancy by waiver. The court ruled against the son. Landlord denied receiving rent payments from the son. In any event, acceptance of rent payments alone was insufficient to create a tenancy by waiver. A trial was needed to determine the facts.

 

 

 

Landlord sued to evict rent-stabilized tenant’s son after tenant died in 2014. The son asked the court to dismiss the case, claiming that he had succession rights. The son claimed that he had lived with tenant since 2008. He also claimed that landlord accepted rent payments from him, creating a tenancy by waiver. The court ruled against the son. Landlord denied receiving rent payments from the son. In any event, acceptance of rent payments alone was insufficient to create a tenancy by waiver. A trial was needed to determine the facts.

 

 

 
1820 First Ave. Inc. v. Mendoza: Index No. 92291/13, NYLJ No. 1202738915275 (Civ. Ct. NY; 9/22/15; Stoller, J)

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