SUBLETTING

Tenant Claims No Illegal Sublet or Profiteering

April 18, 2015    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting and profiteering. The court ruled for landlord based on tenant's default. Tenant appealed, and the case was reopened. Tenant's...

Tenant Used Apartment for Short-Term Rentals

March 17, 2015    

(Decision submitted by Jeffrey H. Seiden of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., who represented the landlord.)

Landlord sued to evict rent-stabilized...

Tenant Must Stop Short-Term Rentals While Eviction Case Is Pending

January 21, 2015    

Landlord sued to eject rent-controlled tenant for renting out rooms in her apartment via Airbnb to tourists and others for short-term stays. Landlord asked the court to issue a temporary injunction against tenant...

Case Dismissed for Failure to Send Notice to Cure

December 23, 2014    

Landlord sued to evict rent-stabilized tenant based on unauthorized subletting of the apartment. The court dismissed the case because landlord failed to send tenant a notice to cure before terminating the tenancy....

Co-op Shareholder Tenant Allowed to Cure Illegal Sublet

December 17, 2014    

Landlord sued to evict cooperative shareholder-tenant for unauthorized subletting. The court ruled for landlord but delayed the eviction through Oct. 31, 2012, to give tenant a chance to cure the condition. Tenant...

Loft Subtenant Claims Illusory Tenancy

December 7, 2014    

Loft tenant sued to evict subtenant. The subtenant claimed illusory tenancy and that tenant engaged in unlawful rent profiteering after moving out of the loft. Subtenant also asked the court to delay any...

Landlord Can't Base New Illegal Sublet Claim on Old Termination Notice

October 15, 2014    

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord and...

Tenant Stopped Short-Term Subletting After Landlord Sent Notice

August 15, 2014    

Landlord sued to evict unregulated tenant for repeatedly subletting her apartment on a short-term basis without landlord's permission and in violation of her lease. Tenant advertised the apartment on Airbnb and...

Were Short-Term Stays Profiteering by Tenant?

July 11, 2014    

Landlord sued to evict rent-stabilized tenant of a three-bedroom apartment, claiming that tenant was profiteering by renting to a series of short-term stay occupants between March and December 2010. Landlord asked...

Tenant Violated TRO Barring Guests in Her Absence

June 12, 2014    

Landlord cooperative corporation sued tenant and sought a temporary restraining order (TRO) against tenant to prohibit her from having guests live in her apartment for more than five days if tenant wasn't also...

Rent-Stabilized Tenant Can Evict Subtenant

January 13, 2014    

Rent-stabilized tenant sued to evict subtenant. The trial court ruled for tenant. Subtenant appealed and lost. The subtenant claimed, but failed to prove, that she had any independent possessory claim to the...

Are Occupants Tenants' Immediate Family Members?

January 13, 2014    

Landlord sued to evict rent-stabilized tenants for unauthorized occupancy. Tenants asked the court to dismiss the case without a trial. The court ruled against tenants. Tenants were married and elderly. They had...