Landlord Unreasonably Withheld Consent to Sublet

May 31, 2002

LVT Number: 15890

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had unreasonably withheld consent to her proposed sublet, and she then couldn't pay the rent while she had to be away from the apartment. The court ruled for tenant. Landlord appealed and lost. There was no objection to proposed subtenant. Landlord simply believed that tenant wouldn't return to the apartment at the end of the sublease. This was speculation and didn't justify landlord's refusal to permit the sublet. Tenant's lost sublet rent canceled out landlord's claim for nonpayment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had unreasonably withheld consent to her proposed sublet, and she then couldn't pay the rent while she had to be away from the apartment. The court ruled for tenant. Landlord appealed and lost. There was no objection to proposed subtenant. Landlord simply believed that tenant wouldn't return to the apartment at the end of the sublease. This was speculation and didn't justify landlord's refusal to permit the sublet. Tenant's lost sublet rent canceled out landlord's claim for nonpayment.

Manhattan Embassy Co. v. Burns: NYLJ, 5/20/02, p. 20, col. 1 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)

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