Tenant Illegally Sublet Apartment

December 1, 2004

LVT Number: 17775

Landlord sued to evict tenant for illegally subletting his apartment. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant in part. Landlord proved the illegal sublet. Although tenant claimed that subtenants were roommates, tenant admitted that he spent most of his time at his wife's apartment rather than in the subject apartment. But the lower court should have granted tenant a chance to cure the illegal sublet post-trial.

Landlord sued to evict tenant for illegally subletting his apartment. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant in part. Landlord proved the illegal sublet. Although tenant claimed that subtenants were roommates, tenant admitted that he spent most of his time at his wife's apartment rather than in the subject apartment. But the lower court should have granted tenant a chance to cure the illegal sublet post-trial.

Offit, Fortgang & Komito: NYLJ, 11/2/04, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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