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Old 12-10-2012, 09:09 AM
 
65 posts, read 239,227 times
Reputation: 26

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I found a place to sublet for a week and it was on craigslist so I'm not too sure how legit it is since I've never sublet or used craigslist before.

The person told me they will send me a guest agreement that outlines guest rules and refund info. I asked them if their landlord knows they sublet through the formal sublet channels and they said no and the landlord doesn't come to the premise or even have a key and they travel alot and have rented the room out a few times before.

I put their tele# in Facebook and they seem OK they have a PHD and is a professor and seems to travel frequently.

Should I go through with it. I pay a deposit 15 days before along with half the sublet amount and then when I arrive I pay the other half. Everything will be done through paypal.

What do you think?
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Old 12-10-2012, 09:28 AM
 
393 posts, read 782,682 times
Reputation: 514
No, this is a bad idea and isn't legal.

The fact that the landlord doesn't know about it is a huge red flag. Besides that, it's illegal for people to rent out their apartments for less than 30 days unless they always stay there as hosts. In fact, I think there was recently a thread about how someone was facing a crazy fine because he rented his room out to tourists.

If you don't get scammed, you risk 1. dealing with an apartment that is far from the way it was described to you (broken things, no heat, etc.). You'll have no recourse because the situation isn't legal. 2. having neighbors call the cops if they are tired of dealing with strangers in the building. 3. being kicked out because neighbors called the landlord or the cops or because the tenant was already in the middle of being investigated when you arrived.

My guess is though that you might not even get to that point. He could just take your money and there actually is no apartment.

If you are coming for a week, look for a hotel or share a room where the host will be staying with you.
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Old 12-10-2012, 09:36 AM
 
Location: Washington, DC & New York
10,915 posts, read 31,385,275 times
Reputation: 7137
Technically, it is an illegal sublet, that the tenant is trying to dodge by use of the word "guest." It is a sublease agreement, and since it is done without the landlord's approval, it is at your own risk. Guests and roommates are permitted to share occupancy of the apartment, but if the lessee is not on the premises, that complicates matters. What this person is doing is flouting the hotel law, much like the case that was in The Times about airBnb and a tenant who was faced with fines and potential eviction for this practice. Your risk is that you have no standing in the event of a problem, say losing the keys, and needing to get into the apartment to retrieve your belongings as without the tenant, the superintendent/manager or landlord will not assist you. And, the landlord can order you out, if discovered, because you have no right to be in his/her/company property, regardless of the lessee's "guest agreement."

For a week, I would look at a hotel, or an extended stay studio/corporate apartment if you wanted kitchen facilities. It's not worth the risk.
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Old 12-10-2012, 10:42 AM
 
Location: Sunnyside
2,008 posts, read 4,722,538 times
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Or you could also do a sublet where you stay in a second bedroom if you wouldn't mind that sort of thing. That would be legal because the original tenant would be there. It would be like if their family came to visit.. minus the whole sublease part.
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Old 12-10-2012, 01:59 PM
 
65 posts, read 239,227 times
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I set it up and they are the owner which is great.
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Old 12-10-2012, 02:47 PM
 
393 posts, read 782,682 times
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Quote:
Originally Posted by IamEntropy36 View Post
I set it up and they are the owner which is great.
Are you that naive? This is what you juse said "I asked them if their landlord knows they sublet through the formal sublet channels and they said no and the landlord doesn't come to the premise or even have a key and they travel alot and have rented the room out a few times before."

So this guy is the owner now or did you find a new place to rent? You do realize that people can tell you anything online right? Again, renting most apartments for less than 30 days is illegal unless the host stays there with you. And if you send money via paypal...good luck getting it back. You might not even have an apartment to go to and you'll never get your money back from an illegal transaction.
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Old 12-10-2012, 03:37 PM
 
65 posts, read 239,227 times
Reputation: 26
Quote:
Originally Posted by aptnyc View Post
Are you that naive? This is what you juse said "I asked them if their landlord knows they sublet through the formal sublet channels and they said no and the landlord doesn't come to the premise or even have a key and they travel alot and have rented the room out a few times before."

So this guy is the owner now or did you find a new place to rent? You do realize that people can tell you anything online right? Again, renting most apartments for less than 30 days is illegal unless the host stays there with you. And if you send money via paypal...good luck getting it back. You might not even have an apartment to go to and you'll never get your money back from an illegal transaction.
Yeah I found another sublet and it was an owner,,, the first one fell through after no callbacks where given before I needed to make my decision.
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Old 12-11-2012, 07:55 AM
 
Location: Manhattan
25,368 posts, read 37,053,451 times
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If the discount is considerable compared to a hotel room in the same area, like half or better, I would take the risk.

Odds are good there will be no problem. But you must weigh risk vs. rewards like in any life decision.
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Old 12-11-2012, 09:20 AM
 
65 posts, read 239,227 times
Reputation: 26
Quote:
Originally Posted by Kefir King View Post
If the discount is considerable compared to a hotel room in the same area, like half or better, I would take the risk.

Odds are good there will be no problem. But you must weigh risk vs. rewards like in any life decision.
That's what I was thinking because I've heard its common in NYC for people to rent there space out for a weekend without them being there, even if they don't own the place. Its hard to say that you aren't their guest or friend, as long as the person you paid doesn't run away with your money I'm A Ok with it. I think its a problem when you are there beyond a week or two without the owners consent but a weekend or or week isn't bad in my eyes.
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Old 12-11-2012, 09:28 AM
 
6,459 posts, read 12,023,273 times
Reputation: 6395
NEVER, EVER sign or SEND MONEY FOR ANYTHING without VIEWING IT FIRST, especially if you found it on Craigslist.

Manhattan landlords are the WORST landlords in the country and they hardly ever co-sign something like this, because they're afraid of anybody staying in their property without being vetted.

Now, the other boroughs, you might be able to get away with it, but not in Manhattan.

That is all.
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