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That landlord seems to have failed because the landlord relied on a law that didn't apply to the situation. The landlord should have brought a simple contract dispute case and sought eviction from that action. Now, I don't know much about NYC landlord tenant law, but I'd assume this is enough for a landlord to seek eviction.
Daughter received eviction notice from landlord re using the apartment when not there as an airbnb. She's ok with moving out but the landlord is stating that she is liable for legal fees incurred by a lawyer representing the landlord. The lease was to run though August. This may be the case- I don't know. Anyone have experience with this?
Don't ask here; get out the copy of your daughter's lease and read what it says regarding legal fees.
In many leases it is standard boilerplate that the tenant will pay LL's court and attorney fees if for any reason legal action is begun. Even when leases do not say thing landlords will attempt to collect but often a housing court judge will not allow. That or smart tenants who have read and understand their lease know what they can and cannot be charged.
Long story short *Read The Lease*! If it says your daughter must pay attorney fees then there is your answer.
I would think it all depends on what her lease says. If she violated the terms of the lease (which is most likely in an AirBNB situation), then I believe the landlord has the right to kick her out.
I know someone who co-signed for their kids to rent a hella-expensive apartment in the village so they could AirBNB it and make some money. The kids don't live in it, it's sole purpose is to be rented out. I told them, "Good luck with that!" I know everyone does it, but at some point, some neighbor will get pissed and blow the whistle on it. Or maybe not. Maybe the neighbors are doing the same thing. It's interesting to watch it play out but if I ever caught anyone doing that in my co-op, I'd blow the whistle on it.
Daughter received eviction notice from landlord re using the apartment when not there as an airbnb. She's ok with moving out but the landlord is stating that she is liable for legal fees incurred by a lawyer representing the landlord. The lease was to run though August. This may be the case- I don't know. Anyone have experience with this?
Why are you on here asking and not her? When you sign a lease, you agree to certain conditions. She broke that contract and is now liable. Sorry.
It is actually fine to rent out a room in your apartment as long as you are there too. A friend of mine rents a two bedroom. He airBNBs the extra room all the time and it is 100% legal, form what I understand.
It is actually fine to rent out a room in your apartment as long as you are there too. A friend of mine rents a two bedroom. He airBNBs the extra room all the time and it is 100% legal, form what I understand.
That depends on the building.
It would never fly in most co-ops (mine included).
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