Landlord Didn't Accept Occupant as Tenant

May 31, 2002

LVT Number: 15895

Landlord sued to evict apartment occupant. Occupant claimed that he had been accepted as tenant by landlord. The court ruled for landlord. Occupant appealed and lost. Rent-controlled tenant had moved out in 1992. Occupant moved in, and for four years, tenant continued to pay rent to landlord while occupant paid tenant. Landlord didn't know this. From November 1996 to March 1999, occupant generally paid rent directly to prior landlord in his own name. But there was no waiver. Neither landlord nor prior landlord recognized occupant as tenant after rent-controlled tenant vacated.

Landlord sued to evict apartment occupant. Occupant claimed that he had been accepted as tenant by landlord. The court ruled for landlord. Occupant appealed and lost. Rent-controlled tenant had moved out in 1992. Occupant moved in, and for four years, tenant continued to pay rent to landlord while occupant paid tenant. Landlord didn't know this. From November 1996 to March 1999, occupant generally paid rent directly to prior landlord in his own name. But there was no waiver. Neither landlord nor prior landlord recognized occupant as tenant after rent-controlled tenant vacated.

Riverside Holdings LLC v. Murray: NYLJ, 5/1/02, p. 20, col. 1 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)

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