Subletter issues (sublets, apartments, leases)

[Nyc_sublet_issues]

Hi,

My friend and her roommate sublet their apartment in NYC (without notifying their landlord). Their lease doesn't allow subletting. But they sublet the apartment for last 4 months of their lease. They had a written agreement with the subletter and notarized it. The subletter didn't pay the rent on time for last three months on time. And didn't pay the rent for Feb. When my friends found out about this they called the subletter and the subletter started stating that she doesn't have to pay the rent legally. The apartment was filthy. Is it legal for the subletter to not pay the rent? Then she finally agreed to pay the late fees and the rent for feb. she also agreed to pay rent for one more month as agreed. But with in a week she says there is a water damage to the floor. Which she claims was there even before she moved in ( which is a lie). She didn't even mention about this for last three months when she was staying there and claims that she is not responsible for this. Any suggestions on if the subletter is legally responsible for rent as agreed and also if she is responsible for any damages during her stay will be great.

[mathjak107]

there are a few aspects to this : none good

how many family is the building? that determines whether the lease can actually say no subletting.. four family or more the lease cannot restrict subletting . is it a co-op building? a co-op can.

1-3 family can restrict subletting.

if its 4 family or more than you have the right to sublet with the landlords permission or if he is unreasonable in his withholding concent then you can do it anyway.
the problem is your friends didnt ask and have no permission , nor were they denied and so the tenant is not a legal subtenant.

it was a boneheaded thing to do this in the first place.


they can be evicted and so can your friends.


im not sure how it would work out as far as winning past due rent in court , i think that may be more an individual case by case decision.. i can see this being a sticky area since the fact the tenant had no permission to sublet may have no bearing on whether the sub tenant has to pay rent or not as that issue usually comes up in CO and zoning cases and not rent owed on breaking the terms of a lease .


interesting reading on whats going on in long island as far as paying rent or not in illegal apartments but zoning and co's make it a different issue.

http://www.murthalawfirm.com/landlor...rtment-illegal

im not sure here and there is nothing i could find on line that documents either way as to whether you can collect past due rent on subletting without permission..

but if its a 4 family or more and they now went to the landlord and asked for permission both the subtenant and your friends can be evicted. but perhaps the landlord would consent, then the apartment isnt an illegal sublet.

its only not a legal sublet because permission was never granted not because of a CO issue or zoning ordinance so the only obstacle is the landlord.

if they can win him over than everything is okay. OR NOT! if they end up getting evicted.

some leases have penalties for subletting without permission if they are co-op structure . i know deepdale gardens in queens gets 500 per month penaly for every month a sublet is done without consent.

typically when someone gets caught subletting without permission the tenant and subtenant team up and try to claim they are roomates or relatives and not subletting and then the landlord has to prove otherwise. the landlord has to prove its not the tenants primary residence or the landlord has to prove they arent relatives.

i would think many wont bother and just consent as long as they are getting the rent..

in this case you and the subtenant are at odds so you cant team up to try to fool the landlord. it could be you against the subtenant, the subtenant against you , and the landlord against both of you.

no working plan there ha ha ha

[barkomatic]

There are people on craigslist and elsewhere that actually look for illegal sublets and apartments so that can take advantage and stop paying rent knowing there is little recourse.