Tenant Didn't Cure Illegal Sublet

January 11, 2012

LVT Number: #23847

Landlord sued to evict tenant for unauthorized subletting. The court ruled for tenant without a trial and dismissed the complaint. Landlord appealed and won, in part. Tenant claimed that he had cured the illegal sublet. But the subtenant remained in the apartment nearly two years after landlord started the eviction proceeding, while tenant lived elsewhere. So landlord was entitled to a judgment in its favor. But since tenant had now cured by removing the subtenant, the eviction warrant was permanently stayed.

Landlord sued to evict tenant for unauthorized subletting. The court ruled for tenant without a trial and dismissed the complaint. Landlord appealed and won, in part. Tenant claimed that he had cured the illegal sublet. But the subtenant remained in the apartment nearly two years after landlord started the eviction proceeding, while tenant lived elsewhere. So landlord was entitled to a judgment in its favor. But since tenant had now cured by removing the subtenant, the eviction warrant was permanently stayed.

Chew v. McKenzie: NYLJ, 12/28/11, p. 18, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter Jr., JJ)

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