Tenant Relocated Temporarily to San Antonio for Job

May 20, 2019

LVT Number: #30100

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, finding that tenant relocated only temporarily due to employment requirements to move to San Antonio for a definite period or forfeit her signing bonus. Landlord appealed and lost. The trial court found tenant's testimony credible. Tenant explained that she sublet her apartment to her sister and brother-in-law for a portion of her temporary absence. This didn't compel a finding of nonprimary residence.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The trial court ruled against landlord, finding that tenant relocated only temporarily due to employment requirements to move to San Antonio for a definite period or forfeit her signing bonus. Landlord appealed and lost. The trial court found tenant's testimony credible. Tenant explained that she sublet her apartment to her sister and brother-in-law for a portion of her temporary absence. This didn't compel a finding of nonprimary residence.

Columbus Manor, LLC v. Turnbull: Index No. 571122/18, 2019 WL 1937003 (App. T. 1 Dept.; 4/30/19; Ling-Cohan, JP, Gonzalez, Cooper, JJ)

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