Owner’s Estate Can Seek Eviction of Home Care Aide Without Prior Notice

January 18, 2017

LVT Number: #27436

Deceased homeowner’s estate sued to evict the owner’s home health aide after owner died. The estate claimed that the aide was a tenant-at-will and served a 30-day termination notice before proceeding. The aide claimed that she was a licensee and that the estate should have served a 10-day notice to quit. Since she wasn’t a tenant, the aide claimed that the estate’s case should be dismissed due to the improper predicate notice. The court ruled against the aide.

Deceased homeowner’s estate sued to evict the owner’s home health aide after owner died. The estate claimed that the aide was a tenant-at-will and served a 30-day termination notice before proceeding. The aide claimed that she was a licensee and that the estate should have served a 10-day notice to quit. Since she wasn’t a tenant, the aide claimed that the estate’s case should be dismissed due to the improper predicate notice. The court ruled against the aide. The aide was a licensee, not a tenant, but since no prior notice was required to terminate her occupancy, it didn’t matter that the estate sent the wrong kind of termination notice.

 

 

 
Bennardo v. Searchwell: 2016 NY Slip Op 26428, 2016 WL 7365516 (Dist. Ct. Nassau; 12/20/16; Fairgrieve, J)

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