2025 NY Slip Op 50323(U)
Suffolk County District Court2025Background
- Marie Chinea (Petitioner) purchased 24 Tonopan St., Mastic, NY, in 2017 and kept a life estate when she transferred title to her daughter in March 2024.
- In February 2023, Marie Chinea made an oral agreement with her son, Richard Chinea, and his wife, Amanda Reardon (Respondents), allowing them to live at the property in exchange for monthly payments of $1,450 to cover the mortgage.
- There was no written lease, only an alleged oral agreement on payment terms and occupancy.
- Respondents failed to make any payments for one year, though they claimed maintenance and mortgage payments (without proof).
- Petitioner served the required rent demand notices and sought possession plus a money judgment.
- After trial, the court determined the existence of a valid oral rental agreement, but limited it to no more than one year per the Statute of Frauds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to rent as life tenant | Marie could rent to others | No landlord-tenant relationship | Petitioner could rent as life tenant |
| Validity of oral lease | Oral lease was valid | No written lease so invalid | Oral lease valid for ≤1 year |
| Amount owed in rent | $36,250 due over 2 years | Payments/repairs made but no proof | $17,400 awarded for unpaid rent |
| Eviction | Entitled to possession | No lease, not tenants | Petitioner awarded possession; 14-day stay |
Key Cases Cited
- O'Donnell, 240 NY 99 (recognizing life tenant's right to lease property and collect rents)
- Stern v. Equit. Tr. Co. of N.Y., 238 NY 267 (landlord-tenant relationship is created by contract)
- 219 Broadway Corp. v. Alexander's, Inc., 46 NY2d 506 (lease as contract setting rights and obligations)
- Davis v. Dinkins, 206 AD2d 365 (all essential lease terms must be agreed upon)
- Sawicka v. Schwimmer, 187 AD3d 957 (oral leases without a term are at-will and not barred by Statute of Frauds)
- Wang Jia v. Kang, 161 AD3d 463 (same)