Landlord Reasonably Refused to Consent to Sublet Request

(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for illegal subletting. Tenant claimed that landlord unreasonably withheld consent in response to her sublet request. The court ruled for landlord, finding that landlord didn't unreasonably withhold consent. Tenant didn't show that she'd be returning to the apartment at the end of the sublease term. Landlord had good reason to believe that the apartment wasn't tenant's primary residence since tenant admitted to illegally subletting the apartment for two years before the sublet request.

Armed Realty v. Srubar: L&T Index No. 57326/92 (3/31/93) (Civ. Ct. NY; Birnbaum, J)