Tenant Responsible for Rent After Unauthorized Subtenant Is Killed in Apartment

February 11, 2008

LVT Number: #20174

Landlord sued former tenant for back rent. Tenant had sublet the apartment without landlord's permission. Landlord found out about the sublet from the District Attorney's (DA's) office after the subtenant was murdered in the apartment. Tenant claimed that he wasn't responsible for the rent claimed. The DA's office took over the apartment for five months after the murder. Tenant claimed that he had no access to the apartment during this time and was therefore constructively evicted. The court ruled for tenant in part. Tenant's lease expired three months after the murder.

Landlord sued former tenant for back rent. Tenant had sublet the apartment without landlord's permission. Landlord found out about the sublet from the District Attorney's (DA's) office after the subtenant was murdered in the apartment. Tenant claimed that he wasn't responsible for the rent claimed. The DA's office took over the apartment for five months after the murder. Tenant claimed that he had no access to the apartment during this time and was therefore constructively evicted. The court ruled for tenant in part. Tenant's lease expired three months after the murder. Tenant was responsible for rent payment for this period because he didn't get landlord's consent for the sublet. But tenant wasn't responsible for rent payment for the two months after his lease expired.

150 Development Corp. v. Poletti: NYLJ, 1/18/08, p. 26, col. 1 (Civ. Ct. NY; Mendez, J)

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