Landlord Can Evict Tenant Who Moved Out and Sublet the Apartment

September 24, 2017

LVT Number: #27908

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. The court ruled for landlord after a trial. Landlord proved that tenant no longer lived in the apartment, but had purchased a condo unit and had sublet the apartment to an occupant without landlord's consent. Tenant's son also appeared in court and claimed succession rights but presented no proof that he had lived in the apartment with tenant for at least two years before she moved out.

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. The court ruled for landlord after a trial. Landlord proved that tenant no longer lived in the apartment, but had purchased a condo unit and had sublet the apartment to an occupant without landlord's consent. Tenant's son also appeared in court and claimed succession rights but presented no proof that he had lived in the apartment with tenant for at least two years before she moved out.

Westchester Plaza Holdings, LLC v. Norwood: 56 Misc.3d 1217(A), 2017 NY Slip Op 51050(U) (City Ct. Mt. Vernon; 8/17/17; Seiden, J)

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