Landlord Didn't Waive Right to Object to Subtenants

Landlord sued to evict tenants for illegally subletting to a number of subtenants. Tenants didn't appear in court. Prior landlord had given tenants permission to sublet to subtenant for two years between 1993 and 1995. Subtenant remained in the apartment after the sublease ended, and other subtenants also moved in. Subtenants claimed that landlord knew they lived there and allowed them to do so. The court ruled for landlord after a trial. There was no implied tenancy between landlord and subtenants. Tenants never surrendered the apartment to landlord, continued to pay rent, and continued to renew their lease. When repairs were made at the apartment, tenants signed off on them. While subtenants claimed illusory tenancy as a defense, there was no evidence that the purpose of the sublet was ever profiteering or to deprive subtenants of any rights under the Rent Stabilization Law. Tenants and subtenants cooperated to hide the illegal sublet from landlord.

270 Riverside Dr., Inc. v. Wilson: NYLJ, 1/22/03, p. 19, col. 5 (Civ. Ct. NY; Bedford, J)