Tenant Illegally Sublet Apartment

July 31, 1998

LVT Number: 12561

Landlord sued to evict tenant for illegal subletting. The court ruled for landlord based on its finding that the apartment wasn't tenant's primary residence. Tenant appealed and lost. Technically, landlord hadn't claimed nonprimary residence in its petition seeking eviction. But landlord proved at the trial that tenant installed various occupants in the apartment while at the same time renting another Manhattan apartment for his own use.

Landlord sued to evict tenant for illegal subletting. The court ruled for landlord based on its finding that the apartment wasn't tenant's primary residence. Tenant appealed and lost. Technically, landlord hadn't claimed nonprimary residence in its petition seeking eviction. But landlord proved at the trial that tenant installed various occupants in the apartment while at the same time renting another Manhattan apartment for his own use.

Spaulding v. Santana: NYLJ, p. 25, col. 2 (7/14/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Gonzalez, JJ)

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