Landlord Needn't Deliver Court Papers to Unauthorized Subtenant

LVT Number: 14162

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't live at the apartment and didn't appear in court. The court ruled for landlord based on tenant's default. The illegal subtenant of the apartment then asked the court to vacate the default judgment and eviction warrant because landlord didn't deliver a copy of the nonpayment petition to him. The court ruled against subtenant. Landlord didn't have to accept rent from subtenant, because there was no landlord-tenant relationship. So landlord wasn't required to deliver a copy of the nonpayment petition to subtenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't live at the apartment and didn't appear in court. The court ruled for landlord based on tenant's default. The illegal subtenant of the apartment then asked the court to vacate the default judgment and eviction warrant because landlord didn't deliver a copy of the nonpayment petition to him. The court ruled against subtenant. Landlord didn't have to accept rent from subtenant, because there was no landlord-tenant relationship. So landlord wasn't required to deliver a copy of the nonpayment petition to subtenant.

224 Highland Blvd. Owners v. Maldonado: NYLJ, 5/10/00, p. 33, col. 5 (Civ. Ct. Kings; Wright, J)