Tenant's Wife Not Named in Nonpayment Case

September 30, 1998

LVT Number: 12669

Landlord sued to evict month-to-month tenant after tenant didn't pay rent for several months. Tenant claimed that landlord's petition was defective because landlord didn't name tenant's wife and that she was a necessary party to the eviction proceeding. The court ruled against tenant. As a general rule, a child, spouse, or guest of a tenant can be removed under an eviction warrant even if they aren't named as parties to the case. There are exceptions to this rule only for persons who show that they have an independent possessory interest in the apartment.

Landlord sued to evict month-to-month tenant after tenant didn't pay rent for several months. Tenant claimed that landlord's petition was defective because landlord didn't name tenant's wife and that she was a necessary party to the eviction proceeding. The court ruled against tenant. As a general rule, a child, spouse, or guest of a tenant can be removed under an eviction warrant even if they aren't named as parties to the case. There are exceptions to this rule only for persons who show that they have an independent possessory interest in the apartment. Neither tenant nor his wife made such a claim in this case.

Mimikopoulos v. Nickalas: NYLJ, p. 24, col. 1 (9/16/98) (Civ. Ct. Queens; Dollard, J)

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