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I'm inclined to go completely against my usual advice under these circumstances and tend to agree with those who say to simply get her out NOW by whatever means. If she failed to make good on her promise yesterday, I would change the locks (make sure to give your landlord a key and make up some story about how this person obtained a key which was supposed to be used one time only but you understand she's moved in without permission), gather up her belongings and remove them to a safe place and tell her where she can retrieve them.
As I said, this is something which goes completely against my usual advice but you're going to be in deep caca if the LL finds out you're illegally subletting, no money has changed hands to seal this "contract" you had with her, nothing has been signed and I highly doubt for a minute that she's going to turn around and try and sue you for anything.
Thanks for the advice. She has been in there since the 25th of June, so roughly two weeks. Does this mean she's established tenancy?
Here's the update: She ended up paying me a down payment on the 3rd. My friends had agreed via email that if she did, she could pay the rest of the rent on the 8th, which is when she said her dad would get his paycheck, and would be able to pay. Well it's officially the 9th and she hasn't paid, she's not picking up any phone calls, etc. So I guess tomorrow we're going to go in and ask her to leave.
As for my friends being evicted themselves if the LL finds out: The lease ends at the end of this month anyway, and on top of that, they don't plan on ever dealing with apartments ever again.
about that paypal thing (sorry, i've heard of, but never used paypal), would that mean she would be able to transfer me money with a credit card? So even if she does not have the money now, she could transfer me the money, I'd get that money, and she would pay off said money to paypal herself at a later time?
about that paypal thing (sorry, i've heard of, but never used paypal), would that mean she would be able to transfer me money with a credit card? So even if she does not have the money now, she could transfer me the money, I'd get that money, and she would pay off said money to paypal herself at a later time?
With Paypal, if she has a credit card, it would be charged just as it would if she went and bought anything else with a credit card. Instant payment, no payment plan.
They can choose to transfer money from a bank account, or use a credit card.
My daughter's tenants pay her with paypal every month. As long as they choose the "send money to friends and family" option, there are no fees to you.
I just figured if you gave her the option for her or her dad to pay with a credit card, it may take the excuses away. Or not LOL!
Thanks for the advice. She has been in there since the 25th of June, so roughly two weeks. Does this mean she's established tenancy? NO.
Here's the update: She ended up paying me a down payment on the 3rd. My friends had agreed via email that if she did, she could pay the rest of the rent on the 8th, which is when she said her dad would get his paycheck, and would be able to pay. Well it's officially the 9th and she hasn't paid, she's not picking up any phone calls, etc. So I guess tomorrow we're going to go in and ask her to leave. "Sucker" comes to mind - sorry!
As for my friends being evicted themselves if the LL finds out: The lease ends at the end of this month anyway, and on top of that, they don't plan on ever dealing with apartments ever again.
Great. And if this illegal sublessee doesn't move out and the landlord ends up being forced to evict her, who do you think he's going to go after? Out of sight is NOT out of mind where the judicial system is concerned. Are you and your friends that naive that you think a negative tenancy isn't going to affect your future credit rating? Think twice and thrice.
If you had already asked for permission to sublet and been told you couldn't, the landlord is not going to believe you when you claim they were only going to stay one night. The landlord will also likely be unhappy if you change the locks.
Me and my friends are in a sticky situation and in need of some advice.
My friends subletted their apartment for the summer as they weren't going to be around. They talked to office management for the apartment and they told them subletting was illegal in NYC, so they set up an informal arrangement. One of the subletters hasn't paid rent that she was supposed to pay 2 weeks ago.
First she said she had the check. Then she told them she couldn't give it to them because she was going to the Hamptons that weekend. A few days later she text them a story about how her dad actually lost her job before she even came to NYC, so she wouldn't be able to pay the rent, but she did get a loan from the bank approved and was waiting for a disbursement date. My friends told her they'd give her until the fourth, but later on she said she wouldn't be able to pay until the 8th, when her dad would get paid from a new job. They told her that was fine as long as she paid a downpayment first, so they knew she wouldn't just ditch. She told them she'd transfer it last night, but never did. If she doesn't pay today, my friends and I plan on going in there tomorrow and just changing the locks and kicking her out with her things.
Is this a good idea? Could we get in more trouble for doing this? Yes, we've coughed this up as a life lesson, and have decided never to sublet again. Heck, from this nightmare, I've decided I'd never even want to live in NYC again. But what can/should my friends do now? I'm guessing they can't take any legal action considering we were never supposed to sublet in the first place, or can they?
Obviously because what "your friend" did was illegal, so he cannot go running to the "authorities" for help.
I vote for the "changing the locks and kicking her out" option. After all, *she* broke the law as well. Your friend is still going to be liable for any damage, as well as the remainder of the term of the lease.
Obviously because what "your friend" did was illegal, so he cannot go running to the "authorities" for help.
I vote for the "changing the locks and kicking her out" option. After all, *she* broke the law as well. Your friend is still going to be liable for any damage, as well as the remainder of the term of the lease.
20yrsinBranson
The friend is not on the lease so any damages will the responsibility of the person on the lease.
The friend is not on the lease so any damages will the responsibility of the person on the lease.
Nor is the friend responsible for paying through the end of the lease. Not necessarily because she's not on the prime lease but because the sublease the parties entered into is illegal as it was executed without the consent of the landlord (worse, in direct contravention of stated policy). That "dirty hands" rule will get you every time!
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