Tenant Didn't Make Proper Sublet Request

January 1, 2000

LVT Number: 13811

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment. Tenant had made an oral request to sublet so that she could care for her terminally ill sister. Landlord told tenant to put the request in writing, as required by law. Tenant went ahead and sublet without making the formal request. Landlord then discovered that tenant had bought a condominium in Rockland County. Tenant claimed that landlord had given up its right to object to the sublet. The court ruled for landlord.

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment. Tenant had made an oral request to sublet so that she could care for her terminally ill sister. Landlord told tenant to put the request in writing, as required by law. Tenant went ahead and sublet without making the formal request. Landlord then discovered that tenant had bought a condominium in Rockland County. Tenant claimed that landlord had given up its right to object to the sublet. The court ruled for landlord. Since tenant never submitted a written sublet request in compliance with Real Property Law Section 226-b, the sublet was illegal. Landlord didn't give up any rights by relying on the law. Also, even if consent were given, it was properly revoked in light of tenant's apparent pretense.

Caniglia v. Perez: NYLJ, p. 31, col. 1 (12/15/99) (Civ. Ct. Queens; Brown, J)

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