Landlord Unreasonably Denied Tenant's Sublet Request

May 31, 2001

LVT Number: 15047

Landlord sued to evict tenant for breaching an obligation of his tenancy after landlord denied tenant's sublet request and tenant let subtenant move in. The court ruled for landlord. Tenant appealed and won. Landlord unreasonably denied tenant's sublet request. Tenant's reason for requesting a two-year sublet was to attend graduate school for two years in Florida. Tenant stated that he intended to return to New York to continue his studies when finished. Tenant had lived in the apartment for 12 years and was a lifelong New York resident.

Landlord sued to evict tenant for breaching an obligation of his tenancy after landlord denied tenant's sublet request and tenant let subtenant move in. The court ruled for landlord. Tenant appealed and won. Landlord unreasonably denied tenant's sublet request. Tenant's reason for requesting a two-year sublet was to attend graduate school for two years in Florida. Tenant stated that he intended to return to New York to continue his studies when finished. Tenant had lived in the apartment for 12 years and was a lifelong New York resident. Tenant had sufficiently indicated an intent to return to the apartment after the two-year sublet.

Mickenberg v. Gabbriellini: NYLJ, 5/18/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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