Landlord Didn't Name Occupant in Illegal Sublet Case

March 1, 1996

LVT Number: 10410

Landlord sued to evict tenant for illegal sublet and assignment. Tenant moved out of the apartment in 1995 when she bought a house in Connecticut. She refused to give landlord the key and said that someone else would be occupying the apartment even if she wasn't there. Landlord named this person as ''Jane Doe'' in his petition. In court, tenant claimed that the occupant was her lover and had been since June 1993. The court ruled that landlord could evict tenant, but not occupant. Landlord hadn't named occupant in his petition.

Landlord sued to evict tenant for illegal sublet and assignment. Tenant moved out of the apartment in 1995 when she bought a house in Connecticut. She refused to give landlord the key and said that someone else would be occupying the apartment even if she wasn't there. Landlord named this person as ''Jane Doe'' in his petition. In court, tenant claimed that the occupant was her lover and had been since June 1993. The court ruled that landlord could evict tenant, but not occupant. Landlord hadn't named occupant in his petition. Landlord was responsible for making some attempt to find out occupant's name but didn't do so. Landlord was free to begin a new court action to determine whether occupant had, in fact, any rights to the apartment.

Crooks v. Holcomb: NYLJ, p. 29, col. 4 (2/28/96) (Civ. Ct. Kings; Kramer, J)

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