Landlord Can't Evict Loft Tenant for Illegal Subletting

April 30, 2009

LVT Number: #21171

Landlord sued to evict loft tenant for illegal subletting. The trial court ruled against landlord. Landlord appealed and lost. The loft had five bedrooms, with shared access to common areas and no subdivision or partitioning separating living quarters. Tenant therefore showed he had a roommate situation, and landlord didn’t prove there was an illegal sublet.

Landlord sued to evict loft tenant for illegal subletting. The trial court ruled against landlord. Landlord appealed and lost. The loft had five bedrooms, with shared access to common areas and no subdivision or partitioning separating living quarters. Tenant therefore showed he had a roommate situation, and landlord didn’t prove there was an illegal sublet.

David Ellis Realty Estate LP v. Fitch: NYLJ, 4/2/09, p. 41, col. 5 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)

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