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Unread 09-28-2008, 09:00 AM
 
1,263 posts, read 1,159,052 times
Reputation: 456
Default tenant profiteering from illegal sublet

I am a small landlord who owns one building which is in Queens. Most of the apartments are rent stabilized. There is one tenant, who pays a very low rent, who I know for sure has profiteered by illegally subletting at least once (most likely several times) in the last couple of years. He always claims that a "friend" is "house-sitting" . Well, last year I happened to have run into one of these "friends" when he was moving out and got into a conversation with him. He was very open because he was unaware that the tenant had not informed me of the sublet. Turns out he was paying the tenant hundreds of dollars above the legal rent. He was shocked. Prior to that there were other "friends".
The situation is now recurring. A couple have been living in the apartment since April. I left them a note to call me. Instead they called the tenant and he called me, giving me the same "friends" story. My question is this: how can I prove that the occupants are actually subletting (meaning paying the tenant rent)? I plan to confront the occupants but they may have been coached by the tenant not to speak to me about the subletting arrangement (of course they would lose occupancy of the apartment).
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Unread 09-28-2008, 09:01 AM
 
2,541 posts, read 7,182,749 times
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talk to a lawyer first

I work in property management also
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Unread 09-28-2008, 11:35 AM
 
Location: Brooklyn, New York
878 posts, read 1,708,987 times
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Doesn't the tenant have to let you know that they are subletting if they are not in the apartment? I mean even though a sublet is legal, the landlord has to know about it and if the "friends" are house-sitting then they can only house sit for a particular amount of time before the legal tenant releases his hold on the apartment. If memory serves me correct the legal tenant has to live in the apartment for the majority of the year or else they forfeit the apartment.

As NJ Chutzpah stated, talk to a lawyer but from what you stated, it looks as if you have grounds for eviction.
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Unread 09-28-2008, 12:05 PM
 
Location: Brooklyn
47 posts, read 101,814 times
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I'm actually in that situation right now in the tenent's position. I know for a fact my roommate/landlord is overcharging me and even after saying utilities were included in the rent he has demanded 60 dollars extra a month for the electric bill claiming I use too much electricity. He's also illegal so I haven't gotten receipts each month and he won't let me write "rent" on the monthly checks for fear of it coming back to him. I'm moving out at the end of October and seriously considering calling immigration on him.
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Unread 09-28-2008, 09:28 PM
 
Location: Queens, NY
3 posts, read 17,555 times
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iztel, when you move or have to show you have been paying rent ...how do you plan to prove you have been paying rent if your checks do not state such??? I mean I guess you can show who it is going to. Anyway, glad you are moving out soon and I would consider legal action. I just hate when people are taken for granted which is why I refused to rent in someone home, I felt that I would be paying their mortage and that would **** me off. I am trying to save to pay my own mortage ...urgh
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Unread 09-29-2008, 08:21 AM
 
3 posts, read 15,746 times
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This is why you hire a lawyer TODAY Are they getting mail in that apartment? I am a tenant support rent stabilization, but its illegal to profit at the landlords expense. seriously.....they only way you will lose is if the tenant sublease for the same rent as they are paying you.
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Unread 09-29-2008, 07:19 PM
 
Location: Brooklyn
47 posts, read 101,814 times
Reputation: 16
Quote:
Originally Posted by LadyAKA View Post
iztel, when you move or have to show you have been paying rent ...how do you plan to prove you have been paying rent if your checks do not state such??? I mean I guess you can show who it is going to. Anyway, glad you are moving out soon and I would consider legal action. I just hate when people are taken for granted which is why I refused to rent in someone home, I felt that I would be paying their mortage and that would **** me off. I am trying to save to pay my own mortage ...urgh
I'm going to use my prior landlord who is the father of my best friend and I rented from for 3 years before I left for college. I'd move back there but every unit is full Plus I hear the people on the first floor which is the only full apartment have been robbed twice during the day this year. That's some stress I don't need.
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Unread 10-02-2008, 08:50 AM
 
1,263 posts, read 1,159,052 times
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drkman,
Yes, of course the tenant was legally required to notify me about the sublet. He was required to give me a NY State Sublease form, which includes the subtenants names, the period of the sublet, and the rent being paid to the tenant.
But then the tenant would not be able to profiteer.
There is a basic problem here in the rent stabilization law which encourages this kind of behavior. A savvy rent-stabilized tenant knows damn well what he can get away with. The burden of proof regarding illegal subletting, profiteering, and non-primary residence is ENTIRELY on the landlord. And doing so can be made extremely difficult and expensive by a tenant who knows the ins and outs of the system and how to cover his tracks. Unless the subtenants talk to me (and so far they have been avoiding me) I have no evidence.
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Unread 01-21-2010, 02:34 PM
 
1 posts, read 8,965 times
Reputation: 10
Six years ago my uncle and his wife decided to move to philadelphia but did not want to lose apartment in NYC, so they sublet apartment to my mother and I. My uncle's wife is the only one on the lease. My mother and I pay the apartment rent every month with a money order, using my uncle's wife name. the problem is that my uncle and his wife decided to rent a room in the apartment for $100 a week. Is this ilegal??Can they lose apartment , especially if they left the apartment for more than five years and are also making $400 a month. The extra money is the reason why they do not want to transfer the lease to my mother and I. Can we all be evicted or is there a chace that my uncle and wife can keep apt.?
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Unread 01-21-2010, 02:48 PM
 
808 posts, read 840,353 times
Reputation: 440
your tenant will say he was helping a friend get back on his feet.They had a fight, friend is lying.He must of got paid in cash landlord has no proof
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