No Proof of Unauthorized Sublet to Tenant's Brother

March 31, 2010

LVT Number: #22566

Landlord sued to evict tenant for unauthorized subletting to tenant’s brother. The court ruled for landlord. Tenant appealed and won. The informal occupancy arrangement between tenant and his brother was not proved to be an illegal sublet. There was no proof that the brother was obligated to pay or actually paid any rent or that tenant couldn’t revoke his brother’s right to stay in the apartment.

Landlord sued to evict tenant for unauthorized subletting to tenant’s brother. The court ruled for landlord. Tenant appealed and won. The informal occupancy arrangement between tenant and his brother was not proved to be an illegal sublet. There was no proof that the brother was obligated to pay or actually paid any rent or that tenant couldn’t revoke his brother’s right to stay in the apartment. Although tenant had been staying in a nursing home, any issue concerning tenant’s primary residence should be raised in eviction proceeding based on nonprimary residence.

155 West 181st Street Associates v. Paredes: NYLJ, 3/24/10, p. 33, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, J)

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