Did Tenant Intend to Return to Apartment?

December 1, 1996

LVT Number: 11113

Landlord sued to evict tenant for nonprimary residence. Tenant asked permission to sublet for two years so that she could care for her elderly parents in Florida. Landlord claimed that tenant hadn't proved that she intended to return to the apartment. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant's ''intent to return'' shouldn't be interpreted so strictly that it interferes with tenant's right to sublet.

Landlord sued to evict tenant for nonprimary residence. Tenant asked permission to sublet for two years so that she could care for her elderly parents in Florida. Landlord claimed that tenant hadn't proved that she intended to return to the apartment. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and reopened the case. Tenant's ''intent to return'' shouldn't be interpreted so strictly that it interferes with tenant's right to sublet. Tenant stated that she intended to return to the apartment and didn't have to predict with certainty when she would return, given her parents' illnesses. A trial was needed to determine the facts.

Melohn v. McDowell: NYLJ, p. 25, col. 2 (11/5/96) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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