Occupants Were Licensees

LVT Number: 14773

Landlord sued to evict apartment occupants, claiming that they were licensees. Occupants claimed that they were tenants. The court ruled for landlord. Occupants appealed and lost. Landlord gave occupants keys and access to apartment while they were discussing the lease terms. The lease was never signed, and occupants never paid rent to landlord. So they never became tenants.

Landlord sued to evict apartment occupants, claiming that they were licensees. Occupants claimed that they were tenants. The court ruled for landlord. Occupants appealed and lost. Landlord gave occupants keys and access to apartment while they were discussing the lease terms. The lease was never signed, and occupants never paid rent to landlord. So they never became tenants.

Zemach Corp. v. John: NYLJ, 2/2/01, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)