Landlord rights with illegal subtenants (appointed, subletting, apartment) - New York City - New York (NY) - City-Data Forum

scottflamingo · 03-23-2017, 03:20 PM

Hi,

I'm a landlord of a private home who had rented to someone without a lease as they were a friend. That person ended up subletting the rooms of the apartment without my consent and I allowed it for a few but I'm sick of it at this point. The original tenant no longer lives here, but was paying the rent from money they were receiving from the illegal subtenants.

What rights do I have to remove the illegal subtenants?

Hollytree · 03-23-2017, 03:24 PM

Look up eviction proceedings for your state and follow them.

Astorian31 · 03-23-2017, 03:32 PM

You have to evict your friend, as he is the one who pays rent to you. When you file for eviction, you can evict all his subtentants as well. Hire an experienced eviction attorney. Don't cheap out, because even the slightest mistake will get your case delayed or thrown out. NYC is a tenant paradise, best case scenario, you're looking at a three month process, but don't be surprised if takes longer than 6 months, or even years. Unless the tenant is convicted felon, judges will bend over backwards in this town to accommodate tenants.

scottflamingo · 03-23-2017, 03:49 PM

Friend had legally changed address for other reasons, so really don't see how much claim they have at this point other than their stuff being here. They weren't even getting receipts for the rent payments

Moving415 · 03-23-2017, 05:21 PM

What kind of an agreement did you have with this tenant? Did it anywhere state the friend couldn't sublet? I agree with the person who advised getting an experienced housing attorney to handle this, even if it costs you. It's money well spent for what it will save you in aggravation.

spectator11040 · 03-23-2017, 06:20 PM

Quote:

Originally Posted by Astorian31

You have to evict your friend, as he is the one who pays rent to you. When you file for eviction, you can evict all his subtentants as well. Hire an experienced eviction attorney. Don't cheap out, because even the slightest mistake will get your case delayed or thrown out. NYC is a tenant paradise, best case scenario, you're looking at a three month process, but don't be surprised if takes longer than 6 months, or even years. Unless the tenant is convicted felon, judges will bend over backwards in this town to accommodate tenants.

The part I highlighted in bold may even be an understatement!
I had a rent-stabilized tenant who owed over four months rent. I sued her for non-payment. Before the case was to be called, she made an agreement with my lawyer to leave if I were to pay her moving expenses to move far upstate (and of course going without the rent owed). Well, before going to the judge a LL and tenant go into a side room to discuss the case with a court attorney. My lawyer told her about the agreement. She said "I know this judge. She will never allow a rent-stabilized tenant to give up an apartment." After hearing that, this tenant (who was quite savvy) withdrew the agreement. To make a long story short, the tenant, with the full cooperation of this judge, stretched out the case for 12 before she was finally evicted by a trial judge!
I lost 16 months rent, literally days of my time, and thousands in legal fees.

LL-Tenant court is just as political as the rest of the rent system. The judges are appointed by the Democratic party bosses. This judge had spent most of her career before being a judge as a legal aid attorney helping tenants. How can someone serve as a judge who is obviously biased????

The system stinks.

Cida · 03-24-2017, 02:21 PM

I'm interested in the replies. If there was no written lease - I can't understand how people continue to do something so dumb - does the so-called tenant have any rights at all?

Ray Holmes · 03-24-2017, 02:33 PM

Sharing some information I got from clients I work with at RentHop...but you should consult with a lawyer or some legal aid before taking any action.

Without a lease signed, you will need a court-ordered eviction. You probably will need to evict the subtenant and your friend - since the subtenant is currently occupying the apartment, and your friend is the one who made a verbal agreement with you. Do you know if there's any form of written agreement between your friend and the subtenant? If yes, try to get that, it'll help the petition as well, as you are the actual owner of the property.

Make sure you give the subtenant and your friend a month's notice to move out, and the notice must be in writing.

Out of curiosity - why can't you talk to your friend and be blunt about the situation? It saves you legal fees and time, a lot of time....