Landlord Can Evict Illegal Subtenant

April 1, 1993

LVT Number: 6894

Landlord sued to evict tenant for illegally subletting. The trial court dismissed landlord's petition, and landlord appealed. The appeals court reversed and ruled for landlord. Tenant didn't answer landlord's petition or appear in court. Subtenant had been living in tenant's apartment for 1 1/2 years without landlord's consent, and paid rent to tenant. Tenant hadn't been seen at the building since March 1992, and tenant's wife had written to landlord stating that tenant had left the country and wasn't returning, and that the apartment would be vacated by May 31, 1992.

Landlord sued to evict tenant for illegally subletting. The trial court dismissed landlord's petition, and landlord appealed. The appeals court reversed and ruled for landlord. Tenant didn't answer landlord's petition or appear in court. Subtenant had been living in tenant's apartment for 1 1/2 years without landlord's consent, and paid rent to tenant. Tenant hadn't been seen at the building since March 1992, and tenant's wife had written to landlord stating that tenant had left the country and wasn't returning, and that the apartment would be vacated by May 31, 1992. Subtenant wasn't an additional occupant or roommate because there was no proof that he'd ever lived in the apartment with tenant.

Glick v. Tafaghodi: NYLJ, p. 28, col. 2 (3/8/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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