Subtenant Not Liable for Back Rent

March 1, 2003

LVT Number: 16390

Landlord sued to evict Section 8 tenant and subtenant for nonpayment of rent. The court ruled for landlord and awarded it $5,000 in back rent. Tenant appealed but then died. Subtenant also appealed, claiming that he wasn't responsible for the back rent. The appeals court ruled for subtenant. Tenant's estate was liable for back rent. Subtenant wasn't liable because he had no landlord-tenant relationship with landlord. Also, the court had awarded landlord too much back rent. Tenant's lease said tenant agreed to pay only the tenant share of the rent.

Landlord sued to evict Section 8 tenant and subtenant for nonpayment of rent. The court ruled for landlord and awarded it $5,000 in back rent. Tenant appealed but then died. Subtenant also appealed, claiming that he wasn't responsible for the back rent. The appeals court ruled for subtenant. Tenant's estate was liable for back rent. Subtenant wasn't liable because he had no landlord-tenant relationship with landlord. Also, the court had awarded landlord too much back rent. Tenant's lease said tenant agreed to pay only the tenant share of the rent. So tenant didn't become responsible for the Section 8 share of the rent, even after the subsidy was terminated.

Rainbow Assocs. v. Culkin: NYLJ, 2/21/03, p. 25, col. 1 (App. T.2 Dept.; Pesce, PJ, Golia, Rios, JJ)

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