Tenant Who Vacated Needn't Be Named in Petition

December 1, 2000

LVT Number: 14591

Landlord sued to evict tenant for nonpayment of rent. Tenant's mother asked the court to dismiss the case because she was the actual tenant named on the apartment lease and landlord hadn't named her in the nonpayment petition. The court ruled for tenant. Landlord appealed, showing that in another case to enforce a fair market rent appeal, landlord agreed with the mother to accept the son as tenant because the mother had moved out. So the mother couldn't now claim in the nonpayment case that she was still the tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant's mother asked the court to dismiss the case because she was the actual tenant named on the apartment lease and landlord hadn't named her in the nonpayment petition. The court ruled for tenant. Landlord appealed, showing that in another case to enforce a fair market rent appeal, landlord agreed with the mother to accept the son as tenant because the mother had moved out. So the mother couldn't now claim in the nonpayment case that she was still the tenant. Even if landlord hadn't yet given the son a lease in his own name, landlord had still accepted the son as tenant. The court agreed with landlord and ruled that landlord needn't name tenant's mother in the petition.

235 W. 71st St., LLC v. Chechak: NYLJ, 11/3/00, p. 26, col. 1 (App. T.1 Dept.; McCooe, PJ, Gangel-Jacob, Suarez, JJ)

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