Landlord Brought Wrong Type of Proceeding

September 30, 1997

LVT Number: 11784

Landlord sued to evict the apartment occupant. Landlord showed at the trial that rent-stabilized tenant had moved to Florida and that tenant had sublet the apartment to his nephew. But landlord didn't terminate the tenancy. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant never surrendered or abandoned the apartment and continued to pay rent. To evict tenant, landlord should have terminated the tenancy based on illegal sublet or refused to renew tenant's lease based on nonprimary residence.

Landlord sued to evict the apartment occupant. Landlord showed at the trial that rent-stabilized tenant had moved to Florida and that tenant had sublet the apartment to his nephew. But landlord didn't terminate the tenancy. The court ruled against landlord and dismissed the case. Landlord appealed and lost. Tenant never surrendered or abandoned the apartment and continued to pay rent. To evict tenant, landlord should have terminated the tenancy based on illegal sublet or refused to renew tenant's lease based on nonprimary residence. Landlord instead sent occupant a ``10-day notice to quit'' and sued to evict occupant as a licensee.

Wilmhoor Equities v. Hutchinson: NYLJ, p. 29, col. 3 (9/24/97) (App. T. 2 Dept.; Aronin, JP, Scholnick, Chetta, JJ)

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