Landlord Can Evict Tenant for Illegal Sublet
LVT Number: #22913
Landlord sued to evict rent-stabilized tenant for illegal subletting and profiteering. Tenant claimed that the subtenant was his roommate. Tenant also argued that landlord failed to send him a notice to cure before terminating his tenancy. The court ruled for landlord. Tenant appealed and lost. Tenant clearly sublet the entire apartment to subtenant, who was not a roommate. And landlord wasn't required to send tenant a notice to cure. However, other portions of the case should have been severed. Subtenant made a cross claim against tenant for a rent overcharge. While the overcharge claimed was $23,000, the total amount claimed with triple damages was $69,000. This amount was more than the $25,000 that can be considered by civil court on a cross claim. Subtenant must file a separate lawsuit against tenant to recover any rent overcharges.
51 West 86th Street Associates LLC v. Fontana: NYLJ, 9/23/10, p. 28, col. 3 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)