Tenant Claims Landlord Violated Sublet Clause in Lease

July 31, 2000

LVT Number: 14330

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord owed him money as compensation for refusing to let tenant sublet the apartment in violation of a lease clause. The court ruled against tenant, finding that tenant had no right to claim money damages under the sublet law, RPL Section 226-b. Tenant appealed. His 1973 lease had a sublet clause stating that tenant could sublet if landlord approved in writing and that landlord wouldn't ''unnecessarily'' withhold consent to sublet. The appeals court ruled for tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord owed him money as compensation for refusing to let tenant sublet the apartment in violation of a lease clause. The court ruled against tenant, finding that tenant had no right to claim money damages under the sublet law, RPL Section 226-b. Tenant appealed. His 1973 lease had a sublet clause stating that tenant could sublet if landlord approved in writing and that landlord wouldn't ''unnecessarily'' withhold consent to sublet. The appeals court ruled for tenant. Tenant's lease gave him greater rights than the sublet law did, and he could claim damages against landlord for breaching the lease clause.

Manhattan Embassy Co. v. Burns: NYLJ, 7/13/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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