Landlord Didn't Recognize Roommate as Tenant

March 1, 1999

LVT Number: 13086

Landlord sued to evict tenant's roommate after tenant moved out. Roommate claimed that landlord had accepted her as tenant by accepting rent payments from her. The court ruled for roommate, and landlord appealed. The appeals court ruled for landlord. Tenant's lease specifically listed roommate as roommate only and landlord had consistently refused, over a 13-year period, to add roommate's name to the lease. So landlord never recognized tenant's roommate as a tenant, even if it sometimes collected rent from her directly.

Landlord sued to evict tenant's roommate after tenant moved out. Roommate claimed that landlord had accepted her as tenant by accepting rent payments from her. The court ruled for roommate, and landlord appealed. The appeals court ruled for landlord. Tenant's lease specifically listed roommate as roommate only and landlord had consistently refused, over a 13-year period, to add roommate's name to the lease. So landlord never recognized tenant's roommate as a tenant, even if it sometimes collected rent from her directly.

171 W. Fourth LLC v. Fennell: NYLJ, p. 29, col. 1 (2/24/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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