Lease Doesn't Bar Subletting

February 1, 1996

LVT Number: 10373

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord without a trial and dismissed the case because tenant's original lease didn't contain a clause restricting subletting. Landlord appealed, claiming that tenant didn't comply with Real Property Law section 226-b's provisions on sublet requests. The appeals court ruled for landlord and reopened the case. Even if tenant's lease didn't bar subletting, tenant still had to follow proper procedures for requesting permission to sublet under the law. The court shouldn't have dismissed the case.

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord without a trial and dismissed the case because tenant's original lease didn't contain a clause restricting subletting. Landlord appealed, claiming that tenant didn't comply with Real Property Law section 226-b's provisions on sublet requests. The appeals court ruled for landlord and reopened the case. Even if tenant's lease didn't bar subletting, tenant still had to follow proper procedures for requesting permission to sublet under the law. The court shouldn't have dismissed the case. It must look at whether tenant made a proper sublet request.

Sherry House Associates v. Kaye: NYLJ, p. 25, col. 3 (1/30/96) (App. T. 1 Dept.; Ostrau, JP, McCooe, Freedman, JJ)

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