Landlord's Illegal Sublet Claim Stated Sufficient Facts

October 28, 2018

LVT Number: #29699

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of his apartment. The court denied tenant's request to dismiss the case without trial. Landlord's notice to cure and termination notice were sufficiently specific to state a claim for illegal subletting. The notices stated that tenant hadn't been seen at the premises for an extended period and had instead sublet without landlord's permission to various named individuals who had been seen coming and going from the premises, in violation of tenant's lease.

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of his apartment. The court denied tenant's request to dismiss the case without trial. Landlord's notice to cure and termination notice were sufficiently specific to state a claim for illegal subletting. The notices stated that tenant hadn't been seen at the premises for an extended period and had instead sublet without landlord's permission to various named individuals who had been seen coming and going from the premises, in violation of tenant's lease. Tenant can use a bill of particulars to obtain additional information from landlord in order to prepare for trial. 

Bronx 1071 Franklin Avenue, LP v. Nana: Index No. 09869/2018, 2018 NY Slip Op 51385(U) (Civ. Ct. NY; 9/26/18; Bacdayan, J)

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