Proposed Lease Never Became Effective

February 1, 2000

LVT Number: 13837

Landlord sued to evict subtenant. Subtenant claimed that she had a lease with landlord. The court ruled against subtenant. Subtenant appealed and lost. Even if subtenant had an oral agreement with landlord's agent and signed a proposed lease, landlord never signed or delivered a lease to subtenant after a credit check. And landlord never otherwise created a tenancy with subtenant. She lived in the apartment under a sublease.

Landlord sued to evict subtenant. Subtenant claimed that she had a lease with landlord. The court ruled against subtenant. Subtenant appealed and lost. Even if subtenant had an oral agreement with landlord's agent and signed a proposed lease, landlord never signed or delivered a lease to subtenant after a credit check. And landlord never otherwise created a tenancy with subtenant. She lived in the apartment under a sublease.

Jemrock Realty Co. v. Olivola: NYLJ 1/10/00, p. 29, col. 2 (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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