Alleged Subtenant Was Roommate

May 31, 2001

LVT Number: 15048

Landlord sued to evict tenant for illegal subletting. The trial court ruled against landlord. Landlord appealed and lost. Tenant proved at the trial that alleged subtenant was his roommate. The roommate shared rent, and tenant previously notified landlord in writing that he had a roommate. The trial court considered landlord's claim that tenant was seen in the building less and less but found the testimony of tenant and his roommate believable.

Landlord sued to evict tenant for illegal subletting. The trial court ruled against landlord. Landlord appealed and lost. Tenant proved at the trial that alleged subtenant was his roommate. The roommate shared rent, and tenant previously notified landlord in writing that he had a roommate. The trial court considered landlord's claim that tenant was seen in the building less and less but found the testimony of tenant and his roommate believable.

Armed Realty Co. v. Lomonaco: NYLJ, 5/22/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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