Judge Scott Fairgrieve
Tenants moved for dismissal of this holdover proceeding in which landlord sought a final judgment of eviction and possession of the premises. Landlord cross-moved for leave to conduct discovery. Tenants claimed the petition was defective as it stated that a landlord-tenant relationship existed between the parties. Landlord argued it had a lease with PSRS Realty and Prosolov for the premises. Prosolov assigned and/or sublet the premises to tenants, but the lease expired. Landlord argued respondents were tenants at sufferance. A subtenant adversely remaining in occupancy in a space after the prime tenant vacated the premises as its lease expired or was terminated, but landlord’s inaction in diligently effecting an eviction, even absent interim rent payments, resulted in the subtenant becoming a tenant at sufferance. The court stated even if respondents were found to be tenants at sufferance, the petition was defective as it was based on the existence of a landlord-tenant relationship between the parties, noting Ramesh Sarva was not the proper party to bring this proceeding. It stated while Sarva signed the lease, he did so on PSRS Realty’s behalf, which was named as landlord, thus respondents would only be tenants at sufferance in regard to PSRS Realty, not Sarva. Hence, dismissal was granted.
