Use and Occupancy Due from Date Landlord Terminated Tenancy

November 1, 1997

LVT Number: 11880

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord, and landlord then asked the court to award use and occupancy at a free-market rate. The question was whether landlord was entitled to u & o from the day the court ruled that tenant wasn't a primary resident or from the date landlord terminated the tenancy. The court ruled for landlord and found that landlord was entitled to u & o at a free-market rate from the date landlord terminated tenancy.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord, and landlord then asked the court to award use and occupancy at a free-market rate. The question was whether landlord was entitled to u & o from the day the court ruled that tenant wasn't a primary resident or from the date landlord terminated the tenancy. The court ruled for landlord and found that landlord was entitled to u & o at a free-market rate from the date landlord terminated tenancy. RPAPL section 749(3) provides for recovery of u & o from the time the eviction case begins.

King Enterprises v. Guelaff: NYLJ, p. 26, col. 4 (10/15/97) (Civ. Ct. NY; Mills, J)

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