Colucci v. Zimmer

Petitioner and her husband, tenants by the entirety, own a house in an area legally restricted to one-family occupancy. Marital difficulties culminated in the ouster of the wife by the husband. She took no action to regain possession until this proceeding was commenced on March 17, 1972.

In February, 1970, subsequent to ouster of the petitioner, her husband rented the premises to respondent for two years and then extended the lease for an additional year to February, 1973.

Petitioner did not participate in the lease transaction nor did she ratify the leasing. The leases do not bind her. On the…