Tenant Signed Lease, Not Purchase Agreement

LVT Number: 15062

(Decision submitted by Manhattan attorney Santo Golino, who represented the landlord.) Landlord sued to evict month-to-month tenant after sending him a 30-day termination notice. Tenant previously had a one-year lease, starting in August 1990. Tenant claimed that the lease was actually a purchase agreement, so landlord couldn't evict him. The court ruled against tenant. The agreement clearly was a lease, with an option to purchase. It wasn't a purchase agreement. Tenant never used the purchase option when he had it, and landlord bought the apartment in 1991.

(Decision submitted by Manhattan attorney Santo Golino, who represented the landlord.) Landlord sued to evict month-to-month tenant after sending him a 30-day termination notice. Tenant previously had a one-year lease, starting in August 1990. Tenant claimed that the lease was actually a purchase agreement, so landlord couldn't evict him. The court ruled against tenant. The agreement clearly was a lease, with an option to purchase. It wasn't a purchase agreement. Tenant never used the purchase option when he had it, and landlord bought the apartment in 1991. Landlord was entitled to evict tenant.

Brel Assocs. v. Ihonde: Index No. 80136/00 (Civ. Ct. Queens 6/25/01; Katz, J) [5-pg. doc.]

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