Month-to-Month Subtenant Owes One Month's Rent

January 1, 2004

LVT Number: 17082

Tenant sued former subtenant for one month's rent after subtenant moved out with less than one month's notice. The court ruled for tenant, and subtenant appealed. There was no written sublease and subtenant claimed that there was no enforceable oral sublease. The appeals court ruled against subtenant. Subtenant didn't raise the issue of whether there was an enforceable sublease before the trial court and so couldn't raise the issue now. In addition, the oral month-to-month sublease was enforceable because either side could terminate it in less than a year.

Tenant sued former subtenant for one month's rent after subtenant moved out with less than one month's notice. The court ruled for tenant, and subtenant appealed. There was no written sublease and subtenant claimed that there was no enforceable oral sublease. The appeals court ruled against subtenant. Subtenant didn't raise the issue of whether there was an enforceable sublease before the trial court and so couldn't raise the issue now. In addition, the oral month-to-month sublease was enforceable because either side could terminate it in less than a year.

Marousis v. Stamos: NYLJ, 12/10/03, p. 25, col. 3 (App. T. 2 Dept.; Doyle, PJ, Lifson, Rudolph, JJ)

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