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So my in laws rented an apartment in NYC for a few years and are currently month to month with the landlord and all rents are current. They have decided get a one way ticket back to their home country so they will not renew their lease and intend to move out in 30 days.
What complicates the situation is that they have a verbal subletter that is renting one of their rooms and that subletter doesn't want to move.
Should my in laws just submit the notice of moving out and let the landlord deal with the subletter directly as they dont want to move? I am under the assumption that the subletter is not interested in paying for the apartment full price and happy with the room itself.
(They plan on sacrificing the security deposit and they arent the best at keeping paperwork so they do not have the lease in hand)
I don't know the legalities, but, frankly, once your in-laws skip the country, no one is going to bother to pursue them, even if it's an illegal sublet.
They could do everyone the courtesy of actually asking the subletter if he wants to take over the lease, and offer to facilitate it for him. If the submitter is also foreign, they could warn him that squatting is not a good idea. They could also apologize to the landlord.
I don't know the legalities, but, frankly, once your in-laws skip the country, no one is going to bother to pursue them, even if it's an illegal sublet.
They could do everyone the courtesy of actually asking the subletter if he wants to take over the lease, and offer to facilitate it for him. If the submitter is also foreign, they could warn him that squatting is not a good idea. They could also apologize to the landlord.
Thank you for the reply and I would tend to agree but the issue is that my wife is on the lease as well so it makes things a little bit complicated.
Response: Opinion
It's people like this that makes
Landlords want to keep their apartments empty.............
I don't disagree with this sentiment but I don't think this would be that much different than finding a roommate who decides to move in and becomes unbearable to live with.
Another thought....did the landlord let the tenants know no sublets allowed? So that it looks bad if they were explicitly told no subletting and went ahead and made that choice regardless. Still don't know the actual ramifications though. A friend pointed me to these. Look into them further and see if they are helpful:
How to Evict a Tenant in NYC With No Lease
You must give a 30-Day Notice The tenant must either a). ...
The notice must be provided in writing (i.e. Notice to Quit).
You must let the tenant know they can contest the eviction in housing court.
You must make three "good faith" efforts to hand-deliver the notice.
Jan 13, 2020
Evicting a Tenant Without a Lease in NYC: What You Should Know (google this one)
logioc is that someone is renting a room in thier aopartment, and they are now planning on moving, the subletter has zero choice in this matter and has to move as well.
this is a no brainer.
If I rented a room in someones house and they put the house up for sale and someone bought it, Id have to move, i dont stay and live with the new people.
this is such a no brainer, subletter has got to move.
id move, and then have the electric shut, case closed, and the subletter has to go.
That sub tenant can get a 6+month free ride. Relatives give notice, and move. LL goes forward with eviction ,tenant get 6 -12 months to get out, or pay in full.
Your side will have zero responsibility since they have vacated the apartment.
logioc is that someone is renting a room in thier aopartment, and they are now planning on moving, the subletter has zero choice in this matter and has to move as well.
this is a no brainer.
If I rented a room in someones house and they put the house up for sale and someone bought it, Id have to move, i dont stay and live with the new people.
this is such a no brainer, subletter has got to move.
id move, and then have the electric shut, case closed, and the subletter has to go.
Good idea, turn off the electric and gas
__________________
"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Thank you for the reply and I would tend to agree but the issue is that my wife is on the lease as well so it makes things a little bit complicated.
If your wife signed the lease she will be legally responsible for unpaid amounts until the person subletting vacates. Especially if the tenants did not inform the landlord that they were going to sublet.
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