Landlord Had Reasonable Basis to Deny Sublet Request

(Decision submitted by Manhattan attorney Bruce Levinson, who represented the landlord.) Tenant sued landlord, claiming that landlord was wrongfully denying her the right to sublet her apartment. She also claimed fraud, stating that landlord had orally consented to the sublet and then later denied her request. Tenant had already been subletting her apartment. When her subtenant moved out, she wanted to have another subtenant while she continued attending school in Massachusetts. Landlord's managing agent testified that tenant told him she wanted to sublet in late July 1996 and that the new subtenant moved in without landlord's approval on Aug. 1, 1996. Tenant never submitted a proper sublet application despite landlord's repeated request for one. The court ruled against tenant and dismissed the case. Tenant didn't prove fraud on landlord's part. And landlord had a reasonable basis to deny tenant's sublet request, since she never submitted a proper application.

Jones v. Morgan Builders, Inc.: Index No. 557TS98 (3/8/99) (Civ. Ct. NY; Arber, J) [3-pg. doc.]