Landlord Didn't Give Up Right to Object to Illegal Subtenant

LVT Number: 9407

Landlord sued to evict subtenant, claiming she had no right to the apartment. Subtenant had moved into the apartment based on an oral agreement with tenant, who had moved out. No sublease was ever signed, and tenant continued to pay the rent after subtenant paid him. Subtenant argued that landlord gave up its right to object to her living there because building employees knew of her presence in the apartment. Landlord claimed it didn't know subtenant was living in the apartment because tenant paid the rent and had never advised landlord of his intent to sublet the apartment.

Landlord sued to evict subtenant, claiming she had no right to the apartment. Subtenant had moved into the apartment based on an oral agreement with tenant, who had moved out. No sublease was ever signed, and tenant continued to pay the rent after subtenant paid him. Subtenant argued that landlord gave up its right to object to her living there because building employees knew of her presence in the apartment. Landlord claimed it didn't know subtenant was living in the apartment because tenant paid the rent and had never advised landlord of his intent to sublet the apartment. The court ruled for landlord. Subtenant didn't pay any rent in her own name, or try to get a lease in her own name, until landlord started the eviction proceedings. Since landlord was never aware of the illegal sublet, he didn't give up his right to object to it.

Unique Restorations Co. v. Newman: NYLJ, p. 29, col. 2 (12/27/94) (Civ. Ct. NY; Katz, J)