Landlord Unreasonably Withheld Consent

June 30, 2002

LVT Number: 15966

Landlord sued to evict tenant for illegally subletting. Tenant had asked for permission to sublet. Landlord denied permission, and tenant went ahead with the sublet. Tenant claimed that landlord unreasonably withheld consent. Tenant had bought a condominium loft and explained to landlord that he wanted to live in the loft for one or two years during renovations. When done, he wanted to rent out the loft and move back into the apartment. The court ruled for tenant. Tenant had explained his plan in detail to landlord. Landlord's claim that tenant didn't intend to move back was speculative.

Landlord sued to evict tenant for illegally subletting. Tenant had asked for permission to sublet. Landlord denied permission, and tenant went ahead with the sublet. Tenant claimed that landlord unreasonably withheld consent. Tenant had bought a condominium loft and explained to landlord that he wanted to live in the loft for one or two years during renovations. When done, he wanted to rent out the loft and move back into the apartment. The court ruled for tenant. Tenant had explained his plan in detail to landlord. Landlord's claim that tenant didn't intend to move back was speculative. Tenant could continue the sublet. Landlord had unreasonably withheld consent.

Cohen v. Strodel: NYLJ, 6/26/02, p. 20, col. 5 (Civ. Ct. Bronx; Rashford, J)

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