Can landlord force my subtenant out? (New York, York: to rent, car registration, eviction)

[I_Love_LI_but]

Originally Posted by starfish1948

I had to leave unexpectedly, so I quickly sublet my apartment (rent stabilized) without waiting for permission from the landlord. I'm travelling around South America. My subtenant has told me that the landlord is asking where I am because he wants to force the subtenant out. Doesn't the landlord have to serve me with a notice to cure the illegal sublet? If he doesn't know where I am he can't do that, right?

Why did you have to "unexpectedly leave" town? How did you end up "travelling around South America?" Sounds like an interesting (shady?) story there ... fugitive on the run? Do tell.

As for your question, I think you are SOL with keeping the apartment. When will you be able to return to the US and try to clear this mess up? Your smug contention that the landlord is SOL because he "doesn't know where you are" and thus will have a problem serving you with legal papers actually helps your landlord's case enormously because it proves you are (1) definitely not using the apartment as your primary residence and (2) since you did not give the landlord any contact information or a forwarding address, have for all intents and purposes abandoned the premises.

[nygeek]

According to a page on Tenant net:
Subletting

Even if your lease forbids it, you have the right under the law to sublease your apartment, and the lease provision is null and void. The subletting procedures below apply generally to tenants renting an apartment pursuant to an existing lease in a building having four or more residential units. The exceptions are tenants in public housing, limited-profit housing, or housing subject to rent control. Rent controlled tenants may, however, sublet if they have a current or prior lease that contains a clause permitting subletting, or if the landlord consents. To sublet, you must closely follow these procedures:
1. Send a letter to the landlord by certified mail, return receipt requested, requesting permission to sublease. (You should retain copies of this correspondence, as well as all other correspondence sent to the landlord.) This letter must contain the following information:

• The term (starting and ending dates) of the sublet, not to exceed two years. (If you are uncertain about the term, choose the longer period, because it is difficult to extend the sublet. You can always return early.)
• The name of the proposed subtenant. (Choose someone you know if possible. Subleasing to strangers is risky and often full of unhappy surprises.)
• The business and permanent home address of the proposed subtenant.
• Your reason for subletting (work transfer, school attendance, family crisis, etc). Your reason must reflect an intent to return.
• Your address for the term of the sublet.
• The written consent of any co-tenant or guarantor of your lease.
• A copy of the proposed sublease, to which a copy of your lease is attached, if available.
• A separate letter wherein both you and your proposed subtenant state that the attached sublease is a true copy of such sublease. This statement must be signed and notarized.

There's more here:



TenantNet - Your Rights to Sublet, Share, and Assign Apartments

[cjma79]

Originally Posted by nygeek

According to a page on Tenant net:
Subletting

Even if your lease forbids it, you have the right under the law to sublease your apartment, and the lease provision is null and void. The subletting procedures below apply generally to tenants renting an apartment pursuant to an existing lease in a building having four or more residential units. The exceptions are tenants in public housing, limited-profit housing, or housing subject to rent control. Rent controlled tenants may, however, sublet if they have a current or prior lease that contains a clause permitting subletting, or if the landlord consents. To sublet, you must closely follow these procedures:
1. Send a letter to the landlord by certified mail, return receipt requested, requesting permission to sublease. (You should retain copies of this correspondence, as well as all other correspondence sent to the landlord.) This letter must contain the following information:

• The term (starting and ending dates) of the sublet, not to exceed two years. (If you are uncertain about the term, choose the longer period, because it is difficult to extend the sublet. You can always return early.)
• The name of the proposed subtenant. (Choose someone you know if possible. Subleasing to strangers is risky and often full of unhappy surprises.)
• The business and permanent home address of the proposed subtenant.
• Your reason for subletting (work transfer, school attendance, family crisis, etc). Your reason must reflect an intent to return.
• Your address for the term of the sublet.
• The written consent of any co-tenant or guarantor of your lease.
• A copy of the proposed sublease, to which a copy of your lease is attached, if available.
• A separate letter wherein both you and your proposed subtenant state that the attached sublease is a true copy of such sublease. This statement must be signed and notarized.

There's more here:



TenantNet - Your Rights to Sublet, Share, and Assign Apartments

So he is to late, he didnt do the require steps..

[cjma79]

Also, on your link says this

2. Within 10 days after you mail your initial request, your landlord is allowed to ask for additional information, in order to determine if rejecting your request would be unreasonable. Expect a list of inquiries about the proposed sublessee's resources and rental history.
3. Within 30 days after you mail the initial notice, or after you mail the additional information if requested, your landlord must send you a notice of consent to the sublet, or their reasons for refusal.


If your landlord reasonably withholds consent, you can't sublet, and you are not released from the lease and can be held liable for future rents.

So the LL can say no.

In other words if your lease say you cant sublet, the probability that the LL say no is pretty high.

[nygeek]

It certainly appears that way.

Edited to add: Yep, I read the entire thing but didn't want to post it all in the message.

[cjma79]

Also since his unit is stabilized.. this also applies

You cannot charge your subtenant more than your current rent unless the apartment is furnished during the sublet. In this case, a 10 percent surcharge may be added. The landlord may also collect a vacancy-allowance increase during the term of the sublet. It is rolled back when the prime tenant returns. The increase is the vacancy allowance, if any, provided in the Rent Guidelines Board Order in effect at the beginning of the lease, provided the lease is a renewal lease.

You must establish, and should say so in your initial letter to your landlord, that at all times you will maintain the apartment as your primary residence and intend to reoccupy it at the expiration of the sublease. Primary-residence status requires that during your absence from your apartment, you pay New York City resident income tax, listing the apartment as your residence, and that all records of your residence, including your driver's license, car registration and voting records, reflect the apartment as your home.

Should you overcharge your subtenant, he or she shall be entitled to damages of three times the overcharge and may also be awarded attorneys' fees and interest from the date of the overcharge.

[cjma79]

I am sorry Starfish, but you didnt do the require steps.
And yes it is a breach of the lease rules, and any breach, no matter how little it is, it can be use to kick you out.

[nyctc7]

The least of his problems, but I'll add, on the issue of service of process:

The NY Civil Procedure Laws and Rules requires that service be attempted by personal delivery of the summons (or notice to cure) "to the person to be served", or by delivery "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode." An alternative method of service commonly known as "nail and mail" service, may be used only where service under the methods I just mentioned cannot be made with "due diligence." Nail and mail service is effected "by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person . . . at his or her actual place of business"

In other words, if a service processor comes to your apartment and hands a notice to cure to your subtenant, that is valid service upon you, because the subtenant is a person of suitable age and discretion at your usual place of abode.

[cjma79]

Originally Posted by nyctc7

The least of his problems, but I'll add, on the issue of service of process:

The NY Civil Procedure Laws and Rules requires that service be attempted by personal delivery of the summons (or notice to cure) "to the person to be served", or by delivery "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode." An alternative method of service commonly known as "nail and mail" service, may be used only where service under the methods I just mentioned cannot be made with "due diligence." Nail and mail service is effected "by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person . . . at his or her actual place of business"

In other words, if a service processor comes to your apartment and hands a notice to cure to your subtenant, that is valid service upon you, because the subtenant is a person of suitable age and discretion at your usual place of abode.

Even worse...

[mathjak107]

every apartment can be sublet but key word is with approval which was not gotten..... i served a tenant once with a process server and yes the notice was a fixed to the door and deemed served


anyone want an apartment? i do believe we all know of one becoming available