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Old 03-25-2020, 09:02 PM
 
3 posts, read 2,203 times
Reputation: 10

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I recently won an apartment in the housing lottery but my current landlord is unwilling to allow me to break from my lease without me finding an "acceptable" replacement, but no matter how aggressively I advertise the apartment nobody seems to be looking. I am a subletter living with the original tenant, so he is called my "sublandlord" on the lease. This is a co-op building, I had to go through a rigorous approval process, and I moved in on 1/1, then around 1/5 his girlfriend moved in (not agreed upon) and has been living here since then. I expressed my discomfort with living with someone not on the lease but he said he had no plans for her to move out and she would not contribute to rent or utilities. Now with the COVID outbreak, I really don't feel comfortable sharing a two-bedroom with three people sharing small common spaces, and I could really use the rent decrease from the affordable housing! Do I have grounds to break my lease? Any insight on this would be super helpful for me! Thanks!!
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Old 03-26-2020, 12:23 AM
 
Location: New York, NY
6,703 posts, read 6,102,214 times
Reputation: 6016
I'm very surprised a lottery apartment won't allow you to break your lease.

Because you have a "sublandlord," it is up to that person to allow you to break your lease. For how long is your lease?
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Old 03-26-2020, 04:40 AM
 
5,785 posts, read 2,690,542 times
Reputation: 5555
If you won an affordable apt...the hell with your roommate situation. Give him 30 day notice, pay the rent and leave.
Tell him that you will be reporting his gf living there and her not being approved by the board. I would inform the co-op you are moving out and about her living there. You signed up for 1 roommate. Not a couple. He wants to play dirty, you can too.
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Old 03-26-2020, 05:13 AM
 
1,339 posts, read 1,702,611 times
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Agree with 90sSitcom. Report the girlfriend and leave.

You signed up for one roommate, not two. But before you report her, complain to your roommate in writing about the girlfriend situation. Emphasize you've complained in the past as well.

What is he going to do, come after you when he's broken the terms of the lease too? Leave and enjoy your new apartment.
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Old 03-26-2020, 08:05 AM
 
Location: Eric Forman's basement
4,809 posts, read 6,673,030 times
Reputation: 2000
I agree with the previous posters!

In addition, I would ask the marketing agent what to do about your current lease. According to the guidelines, you're supposed to immediately surrender your lease. Maybe there is some legal procedure for doing this, I don't know.

Please, if you do find out anything, let us know. This is a recurring problem/dilemma for lots of people who get lottery apartments. Best of luck, and enjoy your new apartment!
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Old 03-27-2020, 12:06 AM
 
3,169 posts, read 2,793,266 times
Reputation: 2475
If it's just the one guy...give him thirty days' notice and leave. It's unlikely he'll have the capacity to sue, and ethically, since he's brought in another person to share the common spaces without your consent, I feel you're in the clear. Housing court is basically shut down at this point anyway.
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Old 03-27-2020, 03:03 AM
 
32,047 posts, read 27,296,443 times
Reputation: 24998
Quote:
Originally Posted by BornInQueens View Post
I recently won an apartment in the housing lottery but my current landlord is unwilling to allow me to break from my lease without me finding an "acceptable" replacement, but no matter how aggressively I advertise the apartment nobody seems to be looking. I am a subletter living with the original tenant, so he is called my "sublandlord" on the lease. This is a co-op building, I had to go through a rigorous approval process, and I moved in on 1/1, then around 1/5 his girlfriend moved in (not agreed upon) and has been living here since then. I expressed my discomfort with living with someone not on the lease but he said he had no plans for her to move out and she would not contribute to rent or utilities. Now with the COVID outbreak, I really don't feel comfortable sharing a two-bedroom with three people sharing small common spaces, and I could really use the rent decrease from the affordable housing! Do I have grounds to break my lease? Any insight on this would be super helpful for me! Thanks!!
They really don't teach English composition in school anymore do they?

Post is not clear on current living situation and what sort of assistance is required.

Did you recently "win" approval to move into an affordable housing lottery apartment and want to leave the sublet?

Or, is the sublet an affordable lottery apartment and you wish to leave due to arrival of another person?

Next why is it your deal to find another tenant? IIRC new housing laws passed last year make it the LL's responsibility.
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Old 03-27-2020, 04:48 AM
 
Location: Eric Forman's basement
4,809 posts, read 6,673,030 times
Reputation: 2000
It was all pretty clear to me.
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Old 03-27-2020, 09:04 AM
 
1,339 posts, read 1,702,611 times
Reputation: 1573
Crystal clear to me too.

Maybe Bugsy just can't read :-P
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Old 03-29-2020, 07:55 PM
 
Location: New Jersey
11,199 posts, read 9,140,239 times
Reputation: 13959
Quote:
Originally Posted by BornInQueens View Post
I recently won an apartment in the housing lottery but my current landlord is unwilling to allow me to break from my lease without me finding an "acceptable" replacement, but no matter how aggressively I advertise the apartment nobody seems to be looking. I am a subletter living with the original tenant, so he is called my "sublandlord" on the lease. This is a co-op building, I had to go through a rigorous approval process, and I moved in on 1/1, then around 1/5 his girlfriend moved in (not agreed upon) and has been living here since then. I expressed my discomfort with living with someone not on the lease but he said he had no plans for her to move out and she would not contribute to rent or utilities. Now with the COVID outbreak, I really don't feel comfortable sharing a two-bedroom with three people sharing small common spaces, and I could really use the rent decrease from the affordable housing! Do I have grounds to break my lease? Any insight on this would be super helpful for me! Thanks!!
What does the contract on the sub-lease state about termination of the lease?
If your name on the lease? Are you a co-tenant or sub-tenant?
What does the signed contract state about an additional roommate living permanently? Remember your lease with the sub-landlord has to be approved by the Co-op board so if he is in violation then there might be a way out for you.

I agree with others that you should state that the sub-landlord has violated the lease by bringing in another "tenant" (his girlfriend) to live in the apt. You send an email to the sub-landlord and the Co-Op board if possible. Speak to the Co-op board make a lot of noise and trouble for the sub-landlord.
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