Landlord Can't Sue Tenant for Illegal Sublet to Tenant's Wife

LVT Number: #31108

Mt. Vernon landlord sued to evict rent-stabilized tenant and apartment occupant for illegal subletting and creating a nuisance. Landlord and tenant signed a settlement agreement in court. But the occupant remained in the unit and claimed succession rights. At that time, she was tenant's wife. The court ruled for landlord. The occupant appealed, and the case was reopened. The lower court improperly ruled on the succession claim in a case based on nuisance and illegal subletting. Tenant and occupant were married in 2014, and she was listed as an apartment occupant.

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