Landlord Didn't Prove Apartment Illegally Sublet

April 30, 1996

LVT Number: 10591

Landlord sued to evict tenant for illegally subletting his apartment. The trial court ruled against landlord, and landlord appealed. Landlord had testified that a person other than tenant had been found in the apartment. But this was in 1987 and happened only once. Landlord served tenant a notice to cure in early 1990 but didn't show the court proof the subtenant hadn't moved out. Landlord is required to show that tenant didn't correct the illegal sublet. So, landlord didn't prove any illegal sublet.

Landlord sued to evict tenant for illegally subletting his apartment. The trial court ruled against landlord, and landlord appealed. Landlord had testified that a person other than tenant had been found in the apartment. But this was in 1987 and happened only once. Landlord served tenant a notice to cure in early 1990 but didn't show the court proof the subtenant hadn't moved out. Landlord is required to show that tenant didn't correct the illegal sublet. So, landlord didn't prove any illegal sublet.

Hudson Assocs. v. Benoit: NYLJ, p. 25, col. 5 (4/18/96) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Ross, Tom, Mazzarelli, JJ)

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