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Old 11-06-2015, 06:59 AM
 
12,340 posts, read 26,127,760 times
Reputation: 10351

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Maybe this could help I have a rent stabilized apartment in NYC that I've been subletting. I want to surrender the apartment, but my subletter won't - Avvo.com

Also just try Googling something like -- Subletter won't leave NYC -- and see what you get.

It seems to me that you are on the lease until you surrender the apartment. (You said "I no longer have any lease anymore" but I don't really understand that.) You can't surrender the apartment until it's empty -- of you, him, and all the stuff inside.

But I really don't know for sure. I think you need legal advice before it gets even messier.
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Old 11-06-2015, 07:01 AM
 
12,340 posts, read 26,127,760 times
Reputation: 10351
Quote:
Originally Posted by Commander Beth View Post
Yeah, I'm confused about what the issue is.

If he doesn't renew the lease, then problem solved, no?
The way I see it is that the main tenant let his lease run the full term and paid every month, but at the end of the lease term, he left a person (subtenant) living there. Since the LL doesn't want to offer the subtenant a lease, then the LL is stuck with an eviction process on his hands, which is the main tenant's fault.
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Old 11-06-2015, 07:06 AM
 
Location: Manhattan
25,368 posts, read 37,069,384 times
Reputation: 12769
Quote:
Originally Posted by Commander Beth View Post
Yeah, I'm confused about what the issue is.

If he doesn't renew the lease, then problem solved, no?
There's that "automatically reverts to month-to-month tenancy" bugaboo.
To my mind it is stupid as needing to give notice when your lease clearly says:
"If you fail to renew this lease, on December 1, you will be deemed to have given up occupancy to said apartment and will relinquish same."

That language is self limiting.

Last edited by Kefir King; 11-06-2015 at 07:15 AM..
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Old 11-06-2015, 08:02 AM
 
650 posts, read 2,517,495 times
Reputation: 299
I think you may be liable until the unit is actually vacated.
Since the "friend" has poor credit, they obviously want to keep you liable for the terms.

Also, this person is clearly not your "friend"
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Old 11-06-2015, 08:07 AM
 
Location: Bronx
481 posts, read 427,465 times
Reputation: 445
Quote:
Originally Posted by Henna View Post
The way I see it is that the main tenant let his lease run the full term and paid every month, but at the end of the lease term, he left a person (subtenant) living there. Since the LL doesn't want to offer the subtenant a lease, then the LL is stuck with an eviction process on his hands, which is the main tenant's fault.
Quote:
Originally Posted by Kefir King View Post
There's that "automatically reverts to month-to-month tenancy" bugaboo.
To my mind it is stupid as needing to give notice when your lease clearly says:
"If you fail to renew this lease, on December 1, you will be deemed to have given up occupancy to said apartment and will relinquish same."

That language is self limiting.
Thanks. What a crappy situation for all.
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Old 11-06-2015, 08:20 AM
 
1,615 posts, read 1,641,017 times
Reputation: 2714
In many states sub-letting is illegal.Am sure the LL is totally thrilled with the mess you created for him. You would have been better off breaking the lease coughed up the rent and all would have been good. Your friend sounds like a loser and hope they dont leave damages behind. Your insurance wouldnt even be valid on this place. Your story may keep someone else from making your mistake.
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Old 11-06-2015, 05:11 PM
 
5 posts, read 5,365 times
Reputation: 10
Will do !! @kefirking appreciate your response. 👍👍👍
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Old 07-15-2016, 09:28 AM
 
Location: NYC
1,869 posts, read 1,337,336 times
Reputation: 594
Quote:
Originally Posted by proluna10 View Post
I appreciate your response. The lease turned to month to month. This happened November 1st 2015. Am I able to turn in the keys and have the landlord figure it out with him?

I honestly did this as a favor to this friend who now doesnt want to move out and its very difficult to for me to go back and forth to ny. I refuse to keep the lease under my name I don't trust him.
Since it is now converted to a month-to-month contract, just give the LL notice, and after 30 days you are off the hook and stop paying rent. The LL can then get rid your friend, since the LL never approved of him due to his bad credit.
You should have never let your friend live in your apartment for 3 months, without informing the LL of this. Your bad. Good luck.
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