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Apparently some readers are not reading . The topic is not about how one can violate the law or lease and pull one over on his landlord, it is about my learning what is acceptable and what is not. Thank you Reenzz for your constructive comments.
I think the eviction notice you received showed you what’s acceptable and what’s not. Oh, and I’m sure your lease does to.
Why did you think it was ok to rent out rooms in your rented apartment? This isn’t an Airbnb issue.. this is YOU subletting your unit.. all, part, vacant, occupied,… you cannot do it. That’s all you need to know.
And now you get the learn a valuable lesson called, ‘consequences’. You’re going to learn very quickly how an eviction on your record devastates your ability to rent.. especially now.
I thought under NYC's law, hosted (the tenant is present and living in the unit) short term rentals was legal. I wonder if it's based on the "advertising" rule which essentially prohibits the adverting of such units. So although the tenant can host a short term stay while they are there, they wouldn't be able to advertise it's availability without violating the same law that allows it.
I thought under NYC's law, hosted (the tenant is present and living in the unit) short term rentals was legal. I wonder if it's based on the "advertising" rule which essentially prohibits the adverting of such units. So although the tenant can host a short term stay while they are there, they wouldn't be able to advertise it's availability without violating the same law that allows it.
Legality isn't the issue. Something can be legal, but not allowed under the terms of the lease.
NYC ..Just recieved a 7 day eviction notice on the grounds that i am subletting my apartment.
While it is true that I have charged people for a 1 or 2 night stay with me, I have never rented out the apartment . I am always here with my guests and sleep here as well. I dont thiink its subleasing if I remain in the apartment.
Any advice ?
Where in NYC are you getting a 7 day eviction notice? And are you allowed apartment guests? if you're charging people to stay with you, and you're in the place with them, how does the owner even know you're charging them?
You violated the lease by renting out rooms. It's subletting (even if it were by the hour). As to how difficult it is for your landlord to actually successfully evict you, that's dependent upon your locale. But you are totally in the wrong here, and your LL absolutely can go after you and try to evict you for this.
Yes. Start packing and don't do it at the next rental.
There are lots of things that are legal that you can not do in a rented apartment. This is not a question of legality or definitions. This is a question of violating your lease.
Your apartment was rented to you as a place for you to reside, not a place for you to run a commercial business nor for you to carelessly increase your landlord's liability that won't be covered by his insurance.
Hope your next place doesn't check landlord references or you might be in for a difficult time finding a new place to live. Landlords don't want tenants who so blatantly violate their lease and then protest when they get caught.
I am always here with my guests and sleep here as well. I don't think its subleasing if I remain in the apartment.
The lease is not the only concern here. The NY landlord tenant statute gives a tenant the right to sublease the apartment but only with the consent of the landlord.
You obviously did not obtain the consent of the landlord. Failure to do so was a statutory breach of the lease, subjecting you to eviction.
If you want to argue that renting out a room in your apartment is not a sublease, that argument will fail.
"[4] It is, of course, irrelevant that only a portion of the sixth-floor loft was occupied by the subtenants since a sublease includes, by its definition, a transfer of part of the demised premises. A sublease is a "transfer by a tenant of * * * part of his estate or interest in the whole, or in a part, of the leased premises." (1 Dolan, Rasch's Landlord and Tenant—Summary Proceedings § 9:2 [4th ed 1998]; see 520 E. 81st St. Assoc. v Roughton-Hester, 157 AD2d 199, 201.)"
See BLF Realty Corp. v. Kasher, 299 AD 2d 87 - NY: Appellate Div., 1st Dept. 2002
Besides contractual issues the landlord made a deal with you so he also estimating how much wear and tear the actual renter might put on along with the accompanying factors like noise, traffic, trash, kids no kids etc. Also the landlord can only run a background check on who they know is renting the apartment so if the guests become an issue especially if not an evening visitor it could come back on them
I believe that has been addressed with the change in the law that allows for AirBnB type hosted services (where the tenant is still in the unit during the rental). That appears to be the confusion as the regulation in NYC doesn't allow a landlord to prohibit that type of "subleasing". It's now akin to the "roommate" scenario.
Quote:
Originally Posted by adjusterjack
The lease is not the only concern here. The NY landlord tenant statute gives a tenant the right to sublease the apartment but only with the consent of the landlord.
And that is the crux of many a failed tenant hosting. The regulations have many restrictions from adverting, rent stabilized proportional financial limits, landlord notification/permission, insurance requirements, etc. etc.. etc., that I can not see how a NYC tenant can do an AirBnB hosted rental while still staying within the law.
I bet the term "subletting" is generic in that the OP failed to properly fulfill the requirements and that's why the "subletting" has become the violation.
and folks talk badly about California's regulations!
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