Trial Needed in Case Against Tenant Who Arranged Short-Term Rentals of Her Apartment

Landlord sued to evict tenant, claiming that tenant incurably breached a substantial obligation of her tenancy by arranging short-term rentals of her apartment through Airbnb. The court denied landlord's request to rule entirely without a trial. It was undisputed that tenant collected less sublet income than her monthly rent amount so it was unclear whether landlord should have sent tenant a notice to cure before terminating her tenancy. There was also a question of fact as to how much tenant had overcharged short-term subtenants since tenant claimed that she had refunded any overcharges. A trial was needed to determine the facts.

498 West End Avenue LL v. Reynolds: Index No. 70878/2016, NYLJ, 8/8/18, p. 21, col. 1 (Civ. Ct. NY; 7/23/18; Stoller, J)