Landlord Can't Deny Tenant's Request to Sublet

Facts: Tenant asked landlord for permission to sublet her apartment to her adult son for two years. Tenant had lived in the apartment for over 20 years, first with her husband, then on her own after their divorce. She made a proper written sublet request, explaining that she was moving to western Massachusetts for two years to establish herself as a real estate broker. After that she planned to return to her apartment and work in the Berkshires only on weekends. Landlord denied tenant's request, claiming it didn't believe tenant intended to return. Tenant had bought a house in Massachusetts, moved her furnishings there and registered her car there. Tenant then sued landlord, asking the court to compel landlord to consent to the sublet. Court: Tenant wins. Landlord had no proof that tenant didn't intend to return to the apartment. Tenant stated that she moved her furniture to furnish her house and to let her son furnish the apartment as he wished. She left rugs and paintings in the apartment. She also bought the car for use in Massachusetts. She and her employer stated that she needed to live in the Berkshires full-time on a temporary basis in order to get her business started. If tenant didn't return in two years, landlord could then sue to evict her.

Hayes v. Century Towers: NYLJ, p. 25, col. 3 (11/29/95) (Sup. Ct. NY; Arber, J)