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I posted this to the renting section, but it turns out NYC is very rule-specific, so I'm trying my luck here as well
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?
Find her and make her cough up the dough or blackmail her with some juice that you hopefully got on her while she was living in the sublet apt. You can try suing her in small claims. Housing court you can forget about as yes, it's illegal to sublet WITHOUT PERMISSION of the landlord.Otherwise if all that fails, you are responsible for the $. The names on the lease are responsible regardless of how many people were living in the apt. See if you can pay the $ owed in installments.
No, don't throw out her things. She can sue YOU, after she calls the cops and files a complaint. Maybe change the locks and tell her if she doesn't pay, she won't get her stuff.
I wouldn't kick out her things, but I wonder if there are any particular ramification to just going in while she's away, hunker down, and use the chain lock so that her key won't get her in. Although, with someone like that, changing lock at some point is likely a good idea, since I wouldn't put it past her to try to wreak revenge.
By the way, you don't "cough it up" as a life lesson - I believe you "chalk it up."
Locking her out could probably be defined as an "illegal lockout" and result in legal action. Against you.
Anyone in residence for 30 days or something can try to claim the place.
That's why subletting is not a good idea, and subletting without an agreement ....
Subletting without landlord permission is legal grounds for eviction and other legal action, and it should be. Tenants have been known to make money on regulated units by subletting for inflated amounts.
Common in Harlem.
I posted this to the renting section, but it turns out NYC is very rule-specific, so I'm trying my luck here as well
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?
Just tell her there's bedbugs in the apartment. Lol
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
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