Landlord's Claim of Illegal Subletting Wasn't Supported by Allegation of Facts

Landlord sued to evict rent-stabilized tenant for subletting or assigning his apartment without landlord’s permission. Tenant asked the court to dismiss the case, arguing that landlord’s termination notice was insufficient. The court ruled for tenant and dismissed the case, finding the termination notice to be too broad and generic. While lack of a lease nonrenewal notice didn’t bar landlord from seeking eviction for subletting without permission, landlord’s termination notice failed to allege specific facts in support of its claim. The termination notice was dated two days after the cure date listed in landlord’s prior notice to cure and didn’t state any facts in support of landlord’s conclusion that tenant continued to illegally sublet the apartment when the cure period ended. 

76 West 86th Street Corp. v. Junas: 45 N.Y.S.3d 921, 2017 NY Slip Op 27027 (Civ. Ct. NY; 2/7/17; Weisberg, J)