Landlord Claims Co-op Tenant Unlawfully Sublet Apartment

July 27, 2017

LVT Number: #27826

Landlord cooperative corporation sued to evict shareholder tenant for subletting her apartment to her daughter without permission, in violation of the proprietary lease. Tenant claimed that the daughter lived in the apartment with her, and asked the court to dismiss the case without a trial. The court ruled against tenant. While tenant's proprietary lease stated that immediate family members could live in the apartment with tenant, this didn't prove that the daughter actually lived with tenant in the apartment.

Landlord cooperative corporation sued to evict shareholder tenant for subletting her apartment to her daughter without permission, in violation of the proprietary lease. Tenant claimed that the daughter lived in the apartment with her, and asked the court to dismiss the case without a trial. The court ruled against tenant. While tenant's proprietary lease stated that immediate family members could live in the apartment with tenant, this didn't prove that the daughter actually lived with tenant in the apartment. More fact-finding was needed to determine whether tenant violated the lease.

221 Middle Neck Owners Corp. v. Paris: Index No. LT-000845-17, NYLJ No. 1202789583496 (Dist. Ct. Nassau; 6/1/17; Fairgrieve, J)

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