Tenant Can Eject Roommate Who Paid No Rent

Tenant sued to eject apartment occupant, who had been her friend and roommate for about 10 years, after sending him two 10-day notices to quit. In late 2019, tenant and roommate entered an agreement by which the roommate was allowed to use the apartment until April 2020 and retain all furniture when he moved out, while tenant paid the apartment rent, utilities, and other expenses including roommate's cell phone bill and health insurance premiums for some period. When the roommate didn't leave as agreed, tenant sought ejection and payment of rent accrued from May through November 2020. The court ruled for tenant in part. The parties' agreement predated the COVID pandemic and roommate wasn't required to pay rent under the agreement. This case didn't raise eviction moratorium issues since tenant faced no financial hardship due to COVID-19 and continued to make rent payments to landlord. Tenant could present the court's order to the NYC Sheriff or Marshal. However, a trial was needed to determine what rent might be owed from roommate to tenant for periods after their agreement ended.

Choi v. Solomon: Index No. 654666/2020, 2021 NY Slip Op 30266(U)(Sup. Ct. NY; 1/28/21; Bluth, J)