Landlord-Tenant—Licensee Holdover Proceeding Dismissed—Based on Indicia of True Family, Court Found That Respondent, a Former Wife, iIs A “Family Member” and Not a “Mere Licensee”
The petitioner commenced a licensee holdover proceeding against his former wife, the respondent, seeking to recover possession of the subject premises. The petition alleged that the respondent’s license to occupy the premises had been terminated pursuant to a 10-day notice to quit to licensee (notice). The respondent occupies a first floor apartment and the petitioner rents out the second floor apartment to a third party. The petitioner and the respondent had been married in 1995, but divorced 16 years later in 2011. They lived together in their marital home for many of those 16 years. Although the respondent did not pay rent or use and occupancy, she alleged that “she made payments towards utilities and maintenance of the residence.” The deed and mortgage were in the petitioner’s name.
