Tenant Maintained Primary Residence Despite Spending Nights at Girlfriend's

October 31, 2010

LVT Number: #22967

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant illegally sublet his apartment while living at his girlfriend's apartment more than half of the prior year. The court ruled against landlord after a trial. Tenant submitted many documents showing that he used the apartment during the period in question. He kept all of his personal belongings in his apartment and occasionally spent nights at his girlfriend's apartment. The fact that tenant spent little time in his apartment by itself wasn't sufficient to find nonprimary residence.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant illegally sublet his apartment while living at his girlfriend's apartment more than half of the prior year. The court ruled against landlord after a trial. Tenant submitted many documents showing that he used the apartment during the period in question. He kept all of his personal belongings in his apartment and occasionally spent nights at his girlfriend's apartment. The fact that tenant spent little time in his apartment by itself wasn't sufficient to find nonprimary residence. Landlord didn't prove that tenant had actually relocated to his girlfriend's apartment or to any other residence. The case was dismissed.

Extell 609 W. 137th St. LLC v. Bonilla-Morel: Index No. L&T68551/07, NYLJ 1202473594663 (Civ. Ct. NY; Elsner, J; 10/8/10)

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