Occupant Is Roommate

August 31, 2004

LVT Number: 17583

Landlord sued to evict loft tenant for illegal subletting. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and won. Tenant showed that occupant in question was a roommate, not a subtenant. Landlord sought eviction only on the basis of claimed illegal sublet. So the case must be dismissed.

Landlord sued to evict loft tenant for illegal subletting. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant appealed and won. Tenant showed that occupant in question was a roommate, not a subtenant. Landlord sought eviction only on the basis of claimed illegal sublet. So the case must be dismissed.

Anorac Realty, Inc. v. Rasmussen: NYLJ, 8/11/04, p. 25, col. 1 (App. T. 2 Dept.; Aronin, JP, Golia, Rios, JJ)

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