Example Example

What happens if a seller of property reserves the rights of a lessor on the property as part of a sale? In this situation, the buyer is not the successor in interest of the seller and does not stand in a landlord-tenant relationship with the lessor. [Commonwealth Memorial, Inc. v Telophase Soc’y of Am. (1976) 63 CA3d 867, 871.] A UD plaintiff must have a landlord-tenant relationship with the defendant. [Marvell v Marina Pizzeria (1984) 155 CA3d Supp 1, 5, 7–12.]

CLOSE WINDOW