Trial Required in Unauthorized Sublet Case

March 31, 2011

LVT Number: #23313

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court granted tenant's request to dismiss the case without a trial. Landlord appealed, and the case was reopened. Tenant didn't prove that as a matter of law she intended to move back into the apartment as her primary residence at the end of the sublease. Tenant's own correspondence to landlord during the two weeks before the proposed sublet period started was vague and inconsistent.

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court granted tenant's request to dismiss the case without a trial. Landlord appealed, and the case was reopened. Tenant didn't prove that as a matter of law she intended to move back into the apartment as her primary residence at the end of the sublease. Tenant's own correspondence to landlord during the two weeks before the proposed sublet period started was vague and inconsistent. The fact that landlord chose not to ask tenant for additional information to assess the reasonableness of the sublet request also didn't automatically defeat landlord's claim. Landlord wasn't compelled by law to do so. A trial was needed to determine the facts.

140 East 46th Street LLC v. Murray: 2011 NY Slip Op 21111, 2011 WL 1135909 (App. T. 1 Dept.; 3/29/11; Lowe III, PJ, Shulman, Hunter Jr, JJ)

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