Landlord Can Seek Eviction of Subtenant

October 28, 2018

LVT Number: #29700

Landlord sued to evict rent-stabilized tenant and apartment subtenant based on tenant's nonprimary residence. The subtenant asked the court to dismiss the case, claiming illusory tenancy. The court ruled against the subtenant after allowing her to file an answer in response to landlord's request for a default judgment against her. The fact that tenant surrendered possession of the apartment after landlord started the eviction proceeding didn't prevent landlord from seeking possession against subtenant, who was originally named as a party to the proceeding.

Landlord sued to evict rent-stabilized tenant and apartment subtenant based on tenant's nonprimary residence. The subtenant asked the court to dismiss the case, claiming illusory tenancy. The court ruled against the subtenant after allowing her to file an answer in response to landlord's request for a default judgment against her. The fact that tenant surrendered possession of the apartment after landlord started the eviction proceeding didn't prevent landlord from seeking possession against subtenant, who was originally named as a party to the proceeding. And landlord didn't know about tenant's scheme to sublet the apartment to subtenant. So subtenant didn't establish that there was an illusory tenancy. 

1 BK Street Corp. v. Sykorova: Index No. 74439/2014, 2018 NY Slip Op 28268 (Civ. Ct. NY; 9/4/18; Capell, J)

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