Monday, March 26, 2012

Unauthorized Sublease = Trespass

What happens when a subtenant takes their tenancy without authority from the landlord when the lease expressly requires prior written consent from the landlord? The unauthorized subtenant is liable for trespass so says the Supreme Court in 169 Bowery LLC v. Collective Hardware.

The lesson is to always read your lease and abide by its terms. Should you be a prospective subtenant, request a copy of the tenant's lease with the landlord before you go into possession or enter into a contract.

On April 19, we will be teaching Long Island Landlord at Newsday in Melville and will be discussing this topic as well as many others faced by our regions landlords and tenants. While the class is currently full, we often have additional seats upon the week of the course, so stay tuned by clicking here.