Trial Needed on Whether Tenant or Cotenant Owes Back Rent

Landlord sued tenant for back rent owed for several months in 2005 before tenant moved out, and asked the court to rule without a trial. Landlord had rented one-family house to tenant for six months in April 2002. Landlord accepted security deposit and first month's rent from "Pine Hollow." Tenant made all later rent payments under initial lease. When landlord renewed lease, he accepted half the monthly rent from tenant and half from Pine Hollow for some time. Landlord claimed that Pine Hollow was tenant's licensee. Tenant claimed that Pine Hollow was cotenant and that Pine Hollow paid the outstanding rent that landlord claimed was due from tenant. The court ruled against landlord. Landlord made Pine Hollow a cotenant by repeatedly accepting a portion of the rent from this entity. A trial was needed to determine whether tenant or Pine Hollow was responsible for back rent owed after tenant moved out. In addition, landlord may be barred from collecting rent if he knew that tenants were using one-family house as a boarding house for four or more unrelated adults.

Adrian v. Zukerman: NYLJ, 8/1/07, p. 28, col. 3 (Dist. Ct. Nassau; Paradiso, J)