Tenant Moved Back to Apartment After Sublet

March 1, 2001

LVT Number: 14825

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord. Landlord appealed and lost. Tenant had sublet his apartment for two years with landlord's permission. Then tenant moved back to the apartment and subtenant remained as tenant's roommate. This was permissible. And landlord didn't prove that tenant hadn't actually moved back into the apartment.

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord. Landlord appealed and lost. Tenant had sublet his apartment for two years with landlord's permission. Then tenant moved back to the apartment and subtenant remained as tenant's roommate. This was permissible. And landlord didn't prove that tenant hadn't actually moved back into the apartment.

River York Stratford LLC v. Pelletier: NYLJ, 2/28/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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