Landlord Didn't Know About Illegal Sublet

September 30, 1997

LVT Number: 11834

Landlord sued to evict tenant for illegal subletting. The court ruled for tenant, and subtenant appealed, claiming ``illusory tenancy,'' that is, that landlord knew about and/or benefited from the fact that tenant sublet the apartment. The appeals court ruled against subtenant. Tenant and subtenant acted together voluntarily to conceal the sublet from landlord. Tenant paid rent for many years while receiving cash payments from subtenant. Subtenant didn't show that landlord had prior knowledge of sublet or that it received any benefit from it.

Landlord sued to evict tenant for illegal subletting. The court ruled for tenant, and subtenant appealed, claiming ``illusory tenancy,'' that is, that landlord knew about and/or benefited from the fact that tenant sublet the apartment. The appeals court ruled against subtenant. Tenant and subtenant acted together voluntarily to conceal the sublet from landlord. Tenant paid rent for many years while receiving cash payments from subtenant. Subtenant didn't show that landlord had prior knowledge of sublet or that it received any benefit from it.

182-183 West 46 Equities, Inc. v. Henry: NYLJ, p. 26, col. 6 (9/8/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, Freedman, JJ)

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