Homeowner's Ex-Girlfriend Is Licensee, Not Tenant

June 30, 2009

LVT Number: #22000

Northport homeowner sued to evict his ex-girlfriend from the house she lived in with him. He claimed that she was a licensee and had sent her a 10-day notice to quit. The girlfriend claimed that she was a tenant at will. She asked the court to dismiss the case, claiming that homeowner should have delivered a 30-day termination notice instead. The court ruled against the girlfriend and issued an eviction warrant. There was no evidence of any landlord-tenant relationship. The girlfriend had permission to use the entire house.

Northport homeowner sued to evict his ex-girlfriend from the house she lived in with him. He claimed that she was a licensee and had sent her a 10-day notice to quit. The girlfriend claimed that she was a tenant at will. She asked the court to dismiss the case, claiming that homeowner should have delivered a 30-day termination notice instead. The court ruled against the girlfriend and issued an eviction warrant. There was no evidence of any landlord-tenant relationship. The girlfriend had permission to use the entire house. She didn't have exclusive use and control over a specific part of the house. Homeowner properly served a 10-day notice to quit.

Drost v. Hookey: NYLJ, 6/24/09, p. 29, col. 1 (Dist. Ct. Suffolk; Hackeling, J)

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