No Illusory Tenancy Created in Loft Unit

November 29, 2017

LVT Number: #28061

Landlord sued to evict loft tenant and occupant based on tenant's nonprimary residence. The occupant claimed that there was an illusory tenancy between landlord and tenant and that she should be deemed a tenant. The court ruled for landlord. There was no proof that landlord had notice of tenant's sublet to occupant and tenant never notified landlord that she no longer lived in the unit. Tenant also had refunded overpayment of rent from occupant. The court found no collusion between landlord and tenant to create an illusory tenancy.

Landlord sued to evict loft tenant and occupant based on tenant's nonprimary residence. The occupant claimed that there was an illusory tenancy between landlord and tenant and that she should be deemed a tenant. The court ruled for landlord. There was no proof that landlord had notice of tenant's sublet to occupant and tenant never notified landlord that she no longer lived in the unit. Tenant also had refunded overpayment of rent from occupant. The court found no collusion between landlord and tenant to create an illusory tenancy.

388 Broadway LLC v. Salaway: Index No. 71312/2013 (Civ. Ct. NY; 10/16/17; Stoller, J)

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