Subtenant Can't Claim Illusory Tenancy

December 1, 2010

LVT Number: #23076

Landlord sued to evict tenant and subtenant for unauthorized subletting. Subtenant claimed illusory tenancy and sought his own rent-stabilized lease. The court ruled for landlord. Subtenant appealed and lost. Subtenant participated with tenant, his friend and former roommate, in a scheme to hide from landlord the fact that tenant had moved out. Subtenant paid rent by money order in tenant's name, and tenant continued to sign renewal leases long after he moved out. Landlord had no actual or constructive knowledge of these actions. There also was no proof that tenant profiteered.

Landlord sued to evict tenant and subtenant for unauthorized subletting. Subtenant claimed illusory tenancy and sought his own rent-stabilized lease. The court ruled for landlord. Subtenant appealed and lost. Subtenant participated with tenant, his friend and former roommate, in a scheme to hide from landlord the fact that tenant had moved out. Subtenant paid rent by money order in tenant's name, and tenant continued to sign renewal leases long after he moved out. Landlord had no actual or constructive knowledge of these actions. There also was no proof that tenant profiteered. In fact, tenant collected no rent from subtenant. Landlord could proceed with eviction.

Square Block Associates, Inc. v. Fernandez: 2010 NY Slip Op 52040(U), 2010 WL 4860788 (App. T. 1 Dept.; Shulman, JP, McKeon, Schoenfeld, JJ)

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