Landlord v. Tenant: Recent Sublet Rulings

Court Dismisses Roommate’s Claim of Illusory Tenancy

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived and worked in Switzerland, and that she had sublet the apartment to an occupant without landlord’s permission. The trial court ruled for landlord. Tenant admitted that she no longer lived in the apartment as her primary residence. Occupant claimed that there was an illusory tenancy and that she was entitled to remain as a rent-stabilized tenant.