My landlord has accused me of illegally subletting. What can i do? (Peru: sublet, apartment)

[sukisue22]

My landlord has accused me of subletting my apartment. I have friends staying with me over the summer and they'll be watching my place for 2 months while I'm away on vacation and feeding my fish. Neither myself nor my friends have ever caused any problems. I explained to my landlord these "tenants" were just friends house sitting but they don't believe me and said they would "investigate" this further. They also said they wanted the dates i would be away in writing. Am I legally required to supply this? I feel it is an invasion of my privacy. Also Im afraid they will harass my friends while im away.
My lease ends Sept. 15th. I will not be renewing and the apartment is not rent controlled. What actions can they take against me?

[boan]

Is this in a house or an apartment building? If your friends are just stopping in to feed your fish, I don't see a problem - but if they're living there full-time, that could be an issue.

[JKid84NYC]

Read the guidelines on your lease.

There wont be an issue with them stopping by to feed your fish or simply check in and make sure everything with your apt is ok..but as the person said above if they're staying there for an extended amount of time that MAY be an issue. Why do they need to stay over at your apt? Maybe it would be best to simply have them check in on your place then to actually have them live there for 2 months

[modsquad81]

Originally Posted by sukisue22

My landlord has accused me of subletting my apartment. I have friends staying with me over the summer and they'll be watching my place for 2 months while I'm away on vacation and feeding my fish. Neither myself nor my friends have ever caused any problems. I explained to my landlord these "tenants" were just friends house sitting but they don't believe me and said they would "investigate" this further. They also said they wanted the dates i would be away in writing. Am I legally required to supply this? I feel it is an invasion of my privacy. Also Im afraid they will harass my friends while im away.
My lease ends Sept. 15th. I will not be renewing and the apartment is not rent controlled. What actions can they take against me?

Do not tell your LL what dates you are away on "vacation". You have no legal obligation to do so. The only time you might be required to tell LL the dates away is under an actual sublet agreement. LL is trying to set this up as an attempt on your part to sublet by admitting you're gone in writing. The only corroborating evidence of an illegal sublet could only come from your friends and I presume they are your friends. There is no legal definition of "visit", so let them visit away. Harassing you or your guests is a violation of your right to "quiet enjoyment" of the rented property. It has nothing to do with "quiet" or "enjoyment", just a principle wherein you are not bothered by the landlord scumbag.

[lamontnow]

Originally Posted by modsquad81

Do not tell your LL what dates you are away on "vacation". You have no legal obligation to do so. The only time you might be required to tell LL the dates away is under an actual sublet agreement. LL is trying to set this up as an attempt on your part to sublet by admitting you're gone in writing. The only corroborating evidence of an illegal sublet could only come from your friends and I presume they are your friends. There is no legal definition of "visit", so let them visit away. Harassing you or your guests is a violation of your right to "quiet enjoyment" of the rented property. It has nothing to do with "quiet" or "enjoyment", just a principle wherein you are not bothered by the landlord scumbag.

Why on earth do you lower yourself by attacking the LL as a "scumbag"??!!
Having others live in the apartment for an extended period of time while the tenant is away is very possibly a sublet situation. How does the LL know if these "friends" are not paying the tenant rent? If so, it may well be profiteering. (Although that happens more often in a rent-stabilized apartment). Furthermore it sounds like there's a history here which the tenant hasn't revealed.

My point is that there are possibilities here and a possible background to this story. As usual you immediately attack the "landlord scumbag". Taking that approach doesn't help, it hurts. You have a problem.

[mathjak107]

this is why you never ask legal advice on a internet forum........

sorry mod squad your wrong.....


.heres the deal... ANYONE IN YOUR HOME IS AN OCCUPANT if they are staying there ....yes you are required to tell him if others are in the apartment even if they arent subletting.

NYC LAW FOR "APARTMENT SHARING

It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant’s dependent children, provided that the tenant or the tenant’s spouse occupies the premises as their primary residence.

When the lease names more than one tenant, these tenants may share their apartment with immediate family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant’s spouse must occupy the shared apartment as a primary residence.

A tenant must inform the landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord’s request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord’s express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. Real Property Law § 235-f.

[Woozle]

Get rid of rent stabilization now, and you will find landlords much more polite and much easier to deal with

[victorfox]

Originally Posted by mathjak107

this is why you never ask legal advice on a internet forum........

sorry mod squad your wrong.....


.heres the deal... ANYONE IN YOUR HOME IS AN OCCUPANT if they are staying there ....yes you are required to tell him if others are in the apartment even if they arent subletting.

NYC LAW FOR "APARTMENT SHARING

It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant’s dependent children, provided that the tenant or the tenant’s spouse occupies the premises as their primary residence.

When the lease names more than one tenant, these tenants may share their apartment with immediate family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant’s spouse must occupy the shared apartment as a primary residence.

A tenant must inform the landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord’s request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord’s express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. Real Property Law § 235-f.

BAM!!! In modsquad's face! Great post Mathjak. Mr. "I hate Landlords" Modsquad has been made to look a fool. All those legal jargons you use on this forum to make it APPEAR to people like you know the RENT laws are all Phony. And I know you quote certain phrases in the law to benefit your cause. LOL! You omit the rest of the stuff that goes against you crusade to screw landlords.....hahaha. "We don't believe you, you need more people" LOL

[victorfox]

Originally Posted by Woozle

Get rid of rent stabilization now, and you will find landlords much more polite and much easier to deal with

I totally agree Woozle! All those restrictions can make a Landlord go MAD! You can't blame the guy...he's just trying to make a living...its his livelihood. Remove the restrictions and you'll see better behaved landlords.

[modsquad81]

Originally Posted by mathjak107

this is why you never ask legal advice on a internet forum........

sorry mod squad your wrong.....


.heres the deal... ANYONE IN YOUR HOME IS AN OCCUPANT if they are staying there ....yes you are required to tell him if others are in the apartment even if they arent subletting.

Siting the "apartment sharing law" in this case is totally irrelevant. That talks about people who are using the apartment as their primary residence. Not the case here at all.
By your definition, using the above law, anybody who shows up for dinner would be an occupant.
Perusing the Blumberg apartment lease T327 the Use clause makes it quite clear that "visitors" are not even addressed.
1. Use the Apartment must be used only as a private Apartment to live in as the primary residence of the tenant and for no other reason. Only a party signing this Lease may use the Apartment. the Apartment is subject to limits on the number of people who may legally occupy an Apartment of this size.
Emphasis is mine on "primary residence". That is the only legal definition of a person who is legally occupying the apartment for the legal length of time other then a assignment or sublet. There are other people who can legally live there but that has been discussed ad nauseum in other threads. Our concern here is who is a "visitor".
Primary Residence has legal connotations in NYC which could mean someone who files their taxes there has his billing address there and maybe most important someone who spends at least 183 days in the most recent calendar year, except for temporary periods of relocation.
There are legal remedies for LLs regarding eviction of a "Tenant" (legal lease signer) who is not using it as a primary residence, subletting illegally or have assigned the lease illegally but there is nothing in the lease that addresses "visitors". If LL attempted to evict the Tenant and her "visitors" they would simply have to prove they have a primary residence somewhere else.

Show me any legal lease that limits "visitors" or the amount of time a visit is allowed. Under what circumstance could a Landlord prove the visitor is a illegal Tenant, using the apartment for their primary residence? There is no sublet agreement, no money changing hands, and most important nothing in the lease that defines, legally, visitor or visit.

The only recourse this LL has is to try to prove the tenant has abandoned the apartment, (stopped paying rent) or is not using it for primary residence, (gone for at least half a year) or if the visitors insist they are actually subletting from the prime tenant, something that won't happen given they are friends.

this is why you never ask legal advice on a internet forum........

For someone who doesn't believe in asking legal advice on the internet you sure are willing to give it!