No Landlord-Tenant Relationship

June 30, 1998

LVT Number: 12457

Net lessee claimed to be landlord and sued to evict tenants after serving a 30 day termination notice. ''Landlord'' claimed tenants had no lease and were month-to-month tenants. The deed showed that the building was owned by Mr. and Mrs. Kraut. The Krauts gave net lessee a lease to the building for a 10-year period starting Jan. 1, 1997. Tenants produced in court a lease between the Krauts and tenants for the period from July 15, 1986, through July 14, 1996, with an option to renew for another five years. Tenants also showed that the Krauts had renewed the lease.

Net lessee claimed to be landlord and sued to evict tenants after serving a 30 day termination notice. ''Landlord'' claimed tenants had no lease and were month-to-month tenants. The deed showed that the building was owned by Mr. and Mrs. Kraut. The Krauts gave net lessee a lease to the building for a 10-year period starting Jan. 1, 1997. Tenants produced in court a lease between the Krauts and tenants for the period from July 15, 1986, through July 14, 1996, with an option to renew for another five years. Tenants also showed that the Krauts had renewed the lease. The net lessee submitted an agreement signed in 1997 in which tenants agreed to move out, but tenants claimed they signed the agreement under threat of eviction. The court ruled for tenants, finding that their lease renewal ran through July 14, 2001, and that there was no landlord-tenant relationship between tenants and net lessee.

Baitch v. Winter: NYLJ, p. 28, col. 2 (6/3/98) (Civ. Ct. Kings; Callender, J)

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