Tenant Corrected Illegal Sublet When Subtenant Moved Out

December 1, 2002

LVT Number: 16289

Facts:Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment without getting landlord's consent. Tenant asked the court to dismiss the case. Subtenant submitted a sworn statement that she had moved out of the apartment, had removed all of her belongings, and had no intent to return. Landlord claimed that tenant hadn't corrected the sublet because he still lived in Michigan. Court:Landlord loses. Since subtenant had moved out, tenant had corrected any illegal sublet.

Facts:Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment without getting landlord's consent. Tenant asked the court to dismiss the case. Subtenant submitted a sworn statement that she had moved out of the apartment, had removed all of her belongings, and had no intent to return. Landlord claimed that tenant hadn't corrected the sublet because he still lived in Michigan. Court:Landlord loses. Since subtenant had moved out, tenant had corrected any illegal sublet. Whether tenant still lived in Michigan was a question of primary residence, which wasn't the issue raised in this court case. The only issue the court could rule on here was illegal subletting.

Renwick Realty v. Molina: NYLJ, 11/20/02, p. 26, col. 1 (Civ. Ct. NY; Jimenez, J)

Topics

More like this