Tenant Gets Chance to Correct Illegal Sublet

July 31, 1994

LVT Number: 9014

Landlord sued to evict tenant for subletting the apartment without landlord's written consent. Tenant and landlord had stipulated that tenant would remove all roommates except one, but tenant didn't comply with the stipulation. The trial court ruled for landlord, and tenant appealed. Tenant argued that he should get 10 days to correct the lease violation based on Real Property Actions and Procedures Law Section (RPAPL) 753(4). Landlord argued that the RPAPL 753(4) didn't apply because tenant had breached a stipulation. The appeals court ruled for tenant.

Landlord sued to evict tenant for subletting the apartment without landlord's written consent. Tenant and landlord had stipulated that tenant would remove all roommates except one, but tenant didn't comply with the stipulation. The trial court ruled for landlord, and tenant appealed. Tenant argued that he should get 10 days to correct the lease violation based on Real Property Actions and Procedures Law Section (RPAPL) 753(4). Landlord argued that the RPAPL 753(4) didn't apply because tenant had breached a stipulation. The appeals court ruled for tenant. By law, the court should have given tenant 10 days to correct the lease violation. The fact that tenant had also breached the stipulation didn't nullify the 10-day rule.

974 St. Nicholas Avenue Associates v. Brown: NYLJ, p. 28, col. 1 (7/6/94) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)

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