Roommate Can't Get Apartment by Paying Back Rent Owed

February 1, 1997

LVT Number: 11226

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but allowed tenant's roommate to move back into the apartment if he paid the $8,000 back rent owed. The court also barred landlord from rerenting the apartment in the meantime to anyone else. Landlord appealed. The appeals court ruled for landlord. The issuance of the eviction warrant against tenant ended any landlord-tenant relationship. Tenant's roommate could no longer occupy the apartment. The roommate also had no pass-on rights as a remaining family member.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but allowed tenant's roommate to move back into the apartment if he paid the $8,000 back rent owed. The court also barred landlord from rerenting the apartment in the meantime to anyone else. Landlord appealed. The appeals court ruled for landlord. The issuance of the eviction warrant against tenant ended any landlord-tenant relationship. Tenant's roommate could no longer occupy the apartment. The roommate also had no pass-on rights as a remaining family member. Since there was no legal relationship between landlord and roommate, the lower court erred by ordering landlord to accept roommate as a tenant.

Giffuni Bros. v. Schlamb: NYLJ, p. 25, col. 1 (1/7/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

Topics

More like this