Landlord's Notices and Court Papers in Illegal Sublet Case Were Defective

October 29, 2018

LVT Number: #29718

Landlord sued to evict rent-stabilized tenant for breaching his lease by assigning and subletting the apartment without permission. Tenant asked the court to dismiss the case, claiming that landlord's notices didn't sufficiently set forth a claim. The court ruled for tenant. Landlord's court petition stated that tenant was absent from the premises on one day. This wasn't enough to plead an illegal sublet or assignment. A sublet involved a tenant living at another location, and landlord's predicate notice didn't state any other address for tenant.

Landlord sued to evict rent-stabilized tenant for breaching his lease by assigning and subletting the apartment without permission. Tenant asked the court to dismiss the case, claiming that landlord's notices didn't sufficiently set forth a claim. The court ruled for tenant. Landlord's court petition stated that tenant was absent from the premises on one day. This wasn't enough to plead an illegal sublet or assignment. A sublet involved a tenant living at another location, and landlord's predicate notice didn't state any other address for tenant. The termination notice also didn't indicate how the assignment and sublet weren't cured, so that notice was defective.

164-03 LLC v. Ramirez: Index No. 57897/18, NYLJ, 9/12/18, p. 21, col. 1 (Civ. Ct. Queens; 8/17/18; Kullas, J)

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