Landlord Can Bring Illegal Sublet Case Despite Offer of Renewal

June 30, 2000

LVT Number: 14256

Landlord sued to evict tenant for illegally subletting his apartment. While the case was pending, landlord offered tenant a renewal lease. Tenant claimed that this was a waiver and that the illegal sublet case should be dismissed. The court ruled for tenant. Landlord appealed and won. Landlord's renewal lease offer didn't waive its right to continue with the illegal sublet case. The court compared the situation to accepting rent after a case is started. In that situation, there is no waiver either.

Landlord sued to evict tenant for illegally subletting his apartment. While the case was pending, landlord offered tenant a renewal lease. Tenant claimed that this was a waiver and that the illegal sublet case should be dismissed. The court ruled for tenant. Landlord appealed and won. Landlord's renewal lease offer didn't waive its right to continue with the illegal sublet case. The court compared the situation to accepting rent after a case is started. In that situation, there is no waiver either.

Habitat II Co. v. Soffer: NYLJ, 6/26/00, p. 24, col. 3 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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