Tenant Didn't Show She Would Return at End of Sublet

April 1, 1996

LVT Number: 10517

(Decision submitted by Santo Golino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord sued to evict tenant for illegal subletting. Tenant had asked permission to sublet because she needed to go to Florida to take care of her mother, who had Alzheimer's disease. Landlord denied the sublet request because tenant didn't show that she would return at the end of the sublet. Tenant went ahead with the sublet anyway. The court ruled for landlord. While the reason for the sublet was valid, tenant didn't prove that she would return at the end of the sublet.

(Decision submitted by Santo Golino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord sued to evict tenant for illegal subletting. Tenant had asked permission to sublet because she needed to go to Florida to take care of her mother, who had Alzheimer's disease. Landlord denied the sublet request because tenant didn't show that she would return at the end of the sublet. Tenant went ahead with the sublet anyway. The court ruled for landlord. While the reason for the sublet was valid, tenant didn't prove that she would return at the end of the sublet. Tenant couldn't show how long her mother's illness would last. So it was reasonable for landlord to reject the sublet request.

Melohn v. McDowell: L&T Index No. 52458/96 (2/23/96) (Civ. Ct. NY; Mills, J) [4-page document]

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