Landlord Can't Revoke Consent to Sublet

Landlord sued to evict tenant for unauthorized subletting. Tenant had properly requested permission to sublet. Landlord sent tenant a questionnaire, which tenant filled out and returned. Landlord consented to the sublet. But 18 months later, only six months before the sublease was to end, landlord claimed tenant lied in his sublease application and sued tenant. Landlord claimed that various information that tenant had provided in response to the questionnaire had changed. This information included tenant's stated reasons for subletting, his address during the sublet, and whether he maintained the apartment as his primary residence. The court ruled for tenant. Landlord had the opportunity to investigate tenant's reasons for subletting at the time of tenant's request. Landlord didn't claim fraud, so he can't now revoke his consent. And a change in certain conditions didn't mean anything. For example, tenant stated in his application that he'd be living in Massachusetts on weekends. He now lived there full time. This doesn't prove nonprimary residence. Tenant is supposed to be living somewhere else while subletting. Landlord can't set conditions for granting his consent to sublet.

Sharp v. Feldman: NYLJ, p. 22, col. 3 (10/20/93) (Civ. Ct. NY; Diamond, J)