Landlord Must Send Tenant's Sister Notice to Quit

September 30, 2010

LVT Number: #22899

Landlord obtained a certificate of eviction from HPD and then sued to evict former tenant's sister from tenant's apartment. The sister claimed pass-on rights and asked the court to dismiss the case. She claimed that landlord should have sent her a 10-day notice to quit before starting the proceeding. The court ruled for the sister. Although landlord didn't describe her as a licensee in its court papers, landlord knew that the sister moved into the apartment with tenant's permission.

Landlord obtained a certificate of eviction from HPD and then sued to evict former tenant's sister from tenant's apartment. The sister claimed pass-on rights and asked the court to dismiss the case. She claimed that landlord should have sent her a 10-day notice to quit before starting the proceeding. The court ruled for the sister. Although landlord didn't describe her as a licensee in its court papers, landlord knew that the sister moved into the apartment with tenant's permission. So she was a licensee, and Real Property Actions and Proceedings Law (RPAPL) Section 713(7) required delivery of the 10-day notice before starting the eviction case. If she had moved in without tenant's permission, she would be a squatter and a 10-day notice would still be required under RPAPL Section 713(3).

Kent Village Housing Co. Inc. v. Eisen: Index No. 51270/2010, NYLJ 1202471263285 (Civ. Ct. Kings; Ofshtein, J; 8/13/10)

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