Tenant Owes Use and Occupancy

March 1, 2005

LVT Number: 17939

Landlord sued to evict tenant. The court ruled for landlord and awarded use and occupancy in the amount of $3,900. Tenant appealed, claiming that because there was no written lease in effect, he wasn't required to pay rent or use and occupancy. The appeals court ruled against tenant. Tenant had a lease at one time and later became a month-to-month tenant. The $1,300 per month landlord sought was reasonable based on rent in effect at end of last lease term. And even if there was no formal landlord-tenant relationship, landlord could collect use and occupancy.

Landlord sued to evict tenant. The court ruled for landlord and awarded use and occupancy in the amount of $3,900. Tenant appealed, claiming that because there was no written lease in effect, he wasn't required to pay rent or use and occupancy. The appeals court ruled against tenant. Tenant had a lease at one time and later became a month-to-month tenant. The $1,300 per month landlord sought was reasonable based on rent in effect at end of last lease term. And even if there was no formal landlord-tenant relationship, landlord could collect use and occupancy.

Allied Builders v. Banjoku: NYLJ, 2/1/05, p. 25, col. 3 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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