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51 Misc 3d 386

Citation
51 Misc 3d 386
Jurisdiction
New York (state)
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cross_accepted_sealed

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stipulated that these rents were paid and no rent was outstand-
ing for any period in 2014.
After the sublet agreement expired, apartment 5C remained
vacant from January 1, 2015 through June 30, 2015, and de-
fendant mailed numerous past due notices to plaintiff and
Tabitha Green notifying them both that they remain jointly
and severally responsible for all rent, late fees, and utilities for
the renewal lease term from January 1, 2015 through June 30,
2015, which would amount to over $10,000. Defendant has not
filed any claims in this court against plaintiff or Tabitha Green
for unpaid rent. Defendant never refunded plaintiff ’s $840
security deposit, although plaintiff duly demanded such return
and defendant had actual knowledge of plaintiff ’s home ad-
dress in Texas as well as plaintiff’s email address.
The lease (plaintiff’s exhibit 1) contains a provision, ‘‘Assign-
ment and Sublease,’’ which provides:
‘‘Tenant shall not assign or sublet, in whole or in
part, the demised premises without the express
consent of the Landlord. In the event such consent
is given by Landlord, it is understood that only a
Sub lessee approved by Landlord shall be accept-
able, under the terms of this paragraph. Landlord
will not be party to any sublet agreement and the
Tenant shall remain responsible for all conditions
and obligations under this lease and for insuring
390 51 MISCELLANEOUS REPORTS, 3d SERIES

the Sub lessees’ performance of said conditions and
obligations.’’ (Plaintiff’s exhibit 1.)
Thus, defendant’s property manager, Ms. Tytler, was accurate
when she explained that under the lease, consent for an as-
signment would not be provided, and only a sublet agreement
would be acceptable. However, the inquiry does not end here.