State that rent collected from the subtenant is paid to the landlord, to help deter the original tenant from charging the subtenant a higher rent amount and pocketing the difference. A tenant cannot legally have a subtenant if it is not allowed by the landlord and could even find herself, along with the subtenant, being evicted. II. Subletting. There are a handful of scenarios where a tenant can legally break a lease in New York without penalty. The DRA ruled against subtenant, who appealed and won. Discover how the roommate law protects you and if you're covered by it. Once all parties, including the original tenant, subtenant, and landlord agree to the sublease or assignment, it should be put in writing. Namely, your rights include a habitable living environment, with any repairs and/or maintenance to be performed as needed, as well as the right to be sent an eviction notice prior to your roommate filing an eviction notice. New York is very tenant-friendly when it comes to subletting. If you are rent stabilized, you have additional rules to follow and additional rights: You cannot charge your subtenant more than your current rent unless the apartment is furnished during the sublet. A tenant who sublets is acting as landlord with the subtenant (and typically does have the right to terminate and evict the subtenant). A master tenant can evict a subtenant, but like a landlord, must follow the formal eviction process that includes giving notice and filing documents. We’ll go through each of them below. A free Q&A forum with more than 9 million questions and answers, along with on-demand legal services that provide professional counsel for a fixed cost, make legal faster and easier. Babygirl sublet her apartment in Harlem, NYC, to spend a chunk of summer in the midwest with me. 1. Subletting—also known as subleasing—happens when a current tenant rents out their apartment to another person, who in turn becomes their subtenant. For example, students commonly sublet their rental units for the summer from May to August with plans to return in September. If a proposed subtenant has been unreasonably refused, you may proceed with the sublet and defend any challenge brought by the landlord. My subtenant is late with rent, and my landlord issued a 3-day Nonpayment of rent notice; he and I have been in constant contact. If this is a law what is the statute and the official wording? One month if outside New York City (N.Y. RPL §§ 232-b). Is this true? If the court agrees with you, you can recover your attorney’s fees. Landlord has no record of subtenant other than checks each month. We are subtenants in a New York City Rent Stabilized apartment. Contact Brasch Legal for help enforcing a no-sublet provision of your NYC residential lease. Sublease Rights. Ensure the subtenant has insurance, or that your tenant’s renter's insurance covers the subtenant’s damages or losses. Savvy landlords want all occupants of a rental unit to sign a lease or rental agreement and typically prohibit subtenants without the landlord’s written consent. Actually, I'm the mama. If in New York City, 30 days notice is required (N.Y. RPL §§ 232-a). Avoid the pitfalls of subletting or sharing. For more information on housing court in New York City, see our resources on housing court on our Legal Assistance page. Landlords have rights that we help protect. • New York City loft owners and tenants are governed by Multi-ple Dwelling Law, Article 7-C, enforced by the New York City Loft Board. In NYC, it usually takes about three weeks for a marshal to get their paperwork ready from the courts and serve the Notice of Eviction. If the tenant then decides to rent to another party, that agreement is a sublease, and the new tenant is a sublessee. These three parties have their rights and obligations spelled out by the sublease agreement, if there is one, or … Although often lumped together, rent-controlled apartments (a diminishing number of pre-1969 units) and rent-stabilized ones (post-1969) have slightly different sets of rights. This is best done with the advice and guidance of an experienced lawyer. I have heard that a subtenant can, after seven years of occupancy, assert the rights of an official tenant of record. The subtenant might win damages of three times the overcharge, attorney’s fees, and interest on the overcharge. As you can tell, being evicted comes with difficulties. The New York Times Archives. !, Long Island, 1 replies Getting Trouble for Being Illegal Subtenant?, New Jersey, 8 replies Can landlord force my subtenant out?, New York City, 38 replies I sublet my New York City apartment with my landlord's consent but without a written agreement--it's a 3-unit brownstone, and the landlord lives on the first two floors. State laws give most tenants the legal right to sublet their apartments, even if their lease bans subleasing. A written agreement works to protect all of the parties and their rights and obligations under the lease agreement. The new tenant (or subtenant) becomes a tenant under the Residential Tenancies Act, so a landlord has the authority to evict the subtenant for the reasons listed in the Act.. In fact, a subtenant by the very nature of them being secondary participants in the lease agreement has limited rights compared to the prime tenant. Subtenant complained to the DHCR that she was entitled to a renewal lease because tenant engaged in an illusory tenancy scheme with landlord. In this situation, the subtenant suceeds to the rights of and status as prime tenant. If the Sublease is terminated pursuant to the provisions of this paragraph, then the Subtenant shall vacate by the date set forth in said Notice If your roommate in New York has lived with you for thirty days or longer then you're required to formally evict them with a notice to quit, notice to terminate and a court date. When a landlord rents to a tenant, they create an agreement known as a lease, which includes all landlord-tenant rights and obligations. Conditions for Legally Breaking a Lease in New York. To be eligible in New York City, the tenant or the tenant's spouse must be 62 years or older, and head of the household "named on the lease" or a "tenant of record" or the older spouse of that person, live in a rent-stabilized or rent-controlled apartment, have a household income for the Non-discrimination laws also protect you as a co-tenant, so that you aren’t given unfair treatment by a landlord. evict the subtenant or speak to you about subletting the unit). Back to Top She found the subtenant on Craigslist after she'd already left, had a neighbor let her in before she got--without getting--a deposit, a signed lease, her information like social security number, employer, etc. This depends on the circumstances. Manhattan Legal Services 1 West 125th Street, 2nd Floor New York, NY 10027 Phone: 646-442-3100 Fax 212-348-4093 www.MLS.LegalServicesNYC.org Peggy Earisman, Director Closed 12/7 at 11:15 AM through 12/8 at 2:30 PM If you overcharge your subtenant, the subtenant can use the law protecting rent-stabilized tenants against overcharges. View on timesmachine. LEASES In NYC, is my subtenant legally a subtenant or a tenant if the apartment is in my name but I am month to month and 3 roommates pay the landlord directly by check each month? How to Evict a Subtenant Not on the Lease in NYC My question involves landlord-tenant law in the State of: New York City Due to me having to work out of states and my wife having to take care of her elderly mother, I have decided to sublet the apartment. By overnight mail or personal delivery to the subtenant of summer in the midwest with.. Entitled to a renewal lease because tenant engaged in an illusory tenancy scheme with landlord aren’t given treatment! 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