Subtenant Must Pay Use and Occupancy

April 30, 2000

LVT Number: 14050

Landlord sued to evict tenant and subtenant. The court ruled for landlord. Landlord then asked the court for an award of use and occupancy owed for the period since landlord started the case. The court ruled for landlord, but stated that only tenant was responsible for paying the use and occupancy. Landlord appealed and won. Subtenant also was responsible for paying the use and occupancy, whether tenant paid or not, since subtenant occupied the apartment, also.

Landlord sued to evict tenant and subtenant. The court ruled for landlord. Landlord then asked the court for an award of use and occupancy owed for the period since landlord started the case. The court ruled for landlord, but stated that only tenant was responsible for paying the use and occupancy. Landlord appealed and won. Subtenant also was responsible for paying the use and occupancy, whether tenant paid or not, since subtenant occupied the apartment, also.

E. 72nd Realty LLC v. Hansen: NYLJ, 4/21/00, p.26, col. 2 (McCooe, JP, Davis, Gangel-Jacob, JJ)

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