Landlord Can Cancel Sublease When Proposed Subtenant Stops Security Deposit Check

Landlord---co-op apartment owner---signed a sublease with proposed subtenant who didn't realize that the co-op board had approved her, told landlord that ''the deal is off,'' and stopped payment on her security deposit check. Subtenant then changed her mind and moved into the apartment by getting the doorman to let her in. In the meantime, landlord had found another subtenant and sued to evict prior proposed subtenant. The court ruled for landlord. When subtenant cancelled her security deposit check, landlord had the right to cancel the sublease.

Sherman v. Hallmark: NYLJ, p. 28, col. 1 (9/1/99) (Civ. Ct. NY; Samuels, J)