Posted by Samual on 11/15/06

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I am a landlord who filed a holdover petition against 2
people living in my place,...one is the original tenant
who was on a month to month,..and the other is a room-mate
of the original tenant. In terms of my ability to get a
monetary judgment against the room-mate what facts would
sufficiently support that he is a tenant and not a sub-
lessee. I have viewed the room-mate as a tenant because
(1) he agreed to pay me the rent when I knocked on the
door AND(2) when his Con-Ed went down bc they didnt pay he
knocked on my door to insist I needed to provide access so
their electricity could be turned back on.

Do these 2 things rise to the level that makes it seem
like he was a tenant?......is this issue entirely in the
discretion of the law...or does anyone have case law on
this?

Tenant vs. Sublesse (NEW YORK), 11/15/06, by Samual.

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