Tenant Claims Occupant Is Roommate

April 1, 2000

LVT Number: 14022

Landlord sued to evict loft tenant for illegal subletting. Tenant claimed that loft occupant was his roommate. The court ruled for tenant without a trial, and landlord appealed. The appeals court ruled for landlord and sent the case back for trial. Landlord registered and leased the loft as one unit. But there was a separate living/working space, divided by a wall from tenant's space and having a separate entrance, kitchen, and bathroom.

Landlord sued to evict loft tenant for illegal subletting. Tenant claimed that loft occupant was his roommate. The court ruled for tenant without a trial, and landlord appealed. The appeals court ruled for landlord and sent the case back for trial. Landlord registered and leased the loft as one unit. But there was a separate living/working space, divided by a wall from tenant's space and having a separate entrance, kitchen, and bathroom. Given this space arrangement, there was a question of fact as to whether tenant sublet this part of the space without landlord's permission or whether the occupant was tenant's roommate.

60-62 E. 11th St. Corp. v. Kalmanowicz: NYLJ, 3/13/00, p. 24, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

Topics

More like this