Judge John Lansden
Landlord Moy sought possession of the subject premises from tenant Karki in this holdover action. Tenant raised various affirmative defenses and two counterclaims, including breach of warranty of habitability. Moy contended it informed Karki there would be no renewal lease as Moy was looking to use the premises as his primary residence with his wife, son and two daughters. However, the court noted Moy failed to meet his burden of proof regarding both his daughters in occupying the premises. Further, landlord stated his wife and son were currently residing in China, noting he applied for his wife's visa to reside in the United States in 2011, but as of trial, questions existed if Moy's wife was leaving China to come to the United States. The court noted while the immigration process, including an upcoming visa interview, was in the final stages, Moy could not give a certain date or time frame as to when his wife would leave China. It stated there must be evidence Moy was able to occupy the premises within a reasonable time after tenant vacated. Thus, the court ruled Moy did not possess an honest intention to use and occupy the premises due to questions regarding the visa being granted to his wife. Hence, the holdover was dismissed.
