Tenant Stopped Short-Term Subletting After Landlord Sent Notice

August 15, 2014

LVT Number: #25694

Landlord sued to evict unregulated tenant for repeatedly subletting her apartment on a short-term basis without landlord's permission and in violation of her lease. Tenant advertised the apartment on Airbnb and collected money from tourists. Tenant claimed that she stopped subletting the apartment after landlord sent her a notice to cure prior to terminating the tenancy. Landlord argued that tenant shouldn't be allowed to cure because she profiteered. But landlord's notice specifically advised tenant to cure by Nov. 15, 2013, or face eviction proceedings.

Landlord sued to evict unregulated tenant for repeatedly subletting her apartment on a short-term basis without landlord's permission and in violation of her lease. Tenant advertised the apartment on Airbnb and collected money from tourists. Tenant claimed that she stopped subletting the apartment after landlord sent her a notice to cure prior to terminating the tenancy. Landlord argued that tenant shouldn't be allowed to cure because she profiteered. But landlord's notice specifically advised tenant to cure by Nov. 15, 2013, or face eviction proceedings. Since tenant showed that she had cured, the court ruled for tenant and dismissed the case.

Gold St. Properties v. Freeman: Index No. 90185/2013, NYLJ No. 1202661511936 (Civ. Ct. NY; 6/16/14; Stoller, J)

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