Landlord Claimed Subtenant Remained in Apartment After Tenant Moved

March 1, 1996

LVT Number: 10387

Landlord sued to evict subtenant after tenant moved out. Subtenant claimed that tenant was illusory. Landlord asked the court to dismiss the case without a trial. The court refused. The only lease landlord submitted was the original lease between landlord and tenant, which expired on Oct. 31, 1993. There was no proof of any other lease between landlord and tenant. Tenant's agreement to vacate the apartment was dated May 31, 1995. And subtenant's sublease ran from Aug. 1, 1992, to July 31, 1994. There were factual questions for the court to resolve.

Landlord sued to evict subtenant after tenant moved out. Subtenant claimed that tenant was illusory. Landlord asked the court to dismiss the case without a trial. The court refused. The only lease landlord submitted was the original lease between landlord and tenant, which expired on Oct. 31, 1993. There was no proof of any other lease between landlord and tenant. Tenant's agreement to vacate the apartment was dated May 31, 1995. And subtenant's sublease ran from Aug. 1, 1992, to July 31, 1994. There were factual questions for the court to resolve. An assignment may have been created by subletting beyond the term of the lease. And tenant may have been landlord's employee.

Park West Village Associates v. Slepian: NYLJ, p. 28, col. 5 (2/21/96) (Civ. Ct. NY; Braun, J)

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