TS Tenant, LLC. v. Insurent Agency Corp.
(Civ. Ct. NY 4/19/06)
Respondent-tenant’s motion to dismiss in commercial non-payment proceeding denied, which alleged that landlord did not properly notice tenant because there existed a license agreement between the parties, and therefore a 10 day notice to quit pursuant to RPAPL §713 should have been served, instead of the 30 day notice to terminate a tenancy pursuant to RPL §232. Although the agreement between the parties was entitled “Temporary License Agreement”, the agreement incorporated the terms of a Loft Lease Form indicating the intentions of the parties to maintain a landlord and tenant arrangement. Moreover, clearly pursuant to specific language in the agreement itself there was no intention to continue under the Temporary License Agreement upon the agreement’s expiration. Furthermore, Respondent remained on the premises subsequent to the agreement’s expiration, and Respondent paid rent on a monthly basis, thereby creating a month-to-month tenancy pursuant to RPL §232. Finally, Respondent’s possession of the property was exclusive, Petitioner did not have access to the property, which is an element of a landlord and tenant relationship; a license is non-exclusive. Link to Full Text of Decision
