Joint Landlords Must Both Consent to Rental of House

December 1, 1993

LVT Number: 8415

Landlords husband and wife jointly owned house. Husband rented house to tenants without telling wife. When wife learned of rental in December 1992, she told tenants that she wanted to move into the house herself. Tenants told wife they'd move out in June 1993, when their lease expired. By June 30, tenants hadn't moved out. Wife sent tenants a 30-day termination notice on July 1. Wife claimed husband had also telephoned tenants and told them about the termination notice. But soon thereafter, husband signed renewal lease with tenants. Wife then sued to evict.

Landlords husband and wife jointly owned house. Husband rented house to tenants without telling wife. When wife learned of rental in December 1992, she told tenants that she wanted to move into the house herself. Tenants told wife they'd move out in June 1993, when their lease expired. By June 30, tenants hadn't moved out. Wife sent tenants a 30-day termination notice on July 1. Wife claimed husband had also telephoned tenants and told them about the termination notice. But soon thereafter, husband signed renewal lease with tenants. Wife then sued to evict. The court ruled for landlord wife. Landlords who own property as "tenants by the entirety'' or ``joint tenants'' can't rent the whole of commonly owned property without the consent of the other landlord. Husband had no right to rent the whole house to tenants. The lease was invalid.

Cammareri v. Capobianco: NYLJ, p. 34, col. 1 (11/29/93) (Nassau Dist. Ct. Hicksville Pt.; Foskey, J)

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