Landlord Didn't Prove Illegal Sublet by Tenant's Estate

December 1, 2011

LVT Number: #23752

Landlord sued to evict rent-stabilized tenant's estate after tenant died. Landlord claimed that the estate illegally sublet the apartment to tenant's daughter. The court ruled for landlord after a trial. The estate appealed and won. Landlord didn't prove that the daughter's occupancy was an illegal sublet. So the case must be dismissed.

Landlord sued to evict rent-stabilized tenant's estate after tenant died. Landlord claimed that the estate illegally sublet the apartment to tenant's daughter. The court ruled for landlord after a trial. The estate appealed and won. Landlord didn't prove that the daughter's occupancy was an illegal sublet. So the case must be dismissed.

Klein Properties LLC v. Estate of Hammonds: 2011 NY Slip Op 52134(U), 2011 WL 5986586 (App. T. 2 Dept; 11/17/11; Nicolai, PJ, LaCava, Iannacci, JJ)

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