Questions About Subletting
Hello. I’ve been renting a rent-stabilized apartment in Brooklyn for about 14 years, but am now in China for the next year. I didn’t want to lose my apartment, so I arranged an informal sublet with the brother of a friend. I didn’t bother to tell my landlord because my apartment is well below market-rate…
Hello. I’ve been renting a rent-stabilized apartment in Brooklyn for about 14 years, but am now in China for the next year. I didn’t want to lose my apartment, so I arranged an informal sublet with the brother of a friend. I didn’t bother to tell my landlord because my apartment is well below market-rate and I was concerned that they’d probably look for a way to get me out if they knew. Nor did I check my lease for any sub-clause concerning this, as I felt it would be beside the point (for the above reason). The super is already coming around asking questions. No sublease was signed; what recourse do I have? Among other things, if I do make an official request to my landlord (clearly after the fact), could I say that I at first thought my trip would be temporary and that they were initially apartment-sitting, but that now work will require me to be away for a longer time and that my apartment-sitters will now be subletting from me instead? Or are there any other loopholes I can use here? Thanks…
Not that it matters but that is legally impossible. If the subtenant admitted to an illegal sublet then the LL would have to bring suit for that illegal sublet. The court would possibly find in favor of the LL and force the Tenant to cure the violation in a certain amount of time. If he cures the condition then he doesn’t lose the apartment. Even now if your cousins lease is still in effect he could get the apartment back. It would be considered an illegal eviction.
Here’s a sucky but different sublet horror story:
My cousin had a large rent-regulated apartment in Soho (I think Soho, may be wrong about that). When his mother suddenly got sick, he arranged to have a friend of another cousin move in for a few months while he took a leave from his job and went home to look after things. The friend had just moved to NY to accept a job; He did not gouge the subtenant; in fact charged less than the regular rent. Pretty much only enough to cover utilities and some walking around money since he wasn’t working.
One month turned into three, but it looked like he would be able to go back to NY the next month or so. His damn subtenant TURNED HIM INTO THE LANDLORD IN EXCHANGE FOR GETTING THE LEASE REWRITTEN IN HIS NAME. I’m simplifying of course, but the end result is my cousin lost his mother and an apartment in the same year.
Speculation. Might as well speculate if the LL is overcharging the OP. Or, if you are overcharging your tenants. The point is, none of this information is available to us, nor is it productive here.
The OP wanted to sublet her place and was ignorant of what that entailed. Now she has some good info regarding her legal requirements, along with various opinions about her situation. Hopefully now, her actions will result in an equitable and satisfactory outcome for all the principle parties.
Have a good weekend.
“If it is indeed a roommate, and she is charging him more than half the legal rent, she is in violation of the law and could have eviction proceedings brought against her for rent overcharge.”
Interesting that there has been no response from the OP. I highly doubt that the person subletting is being charged half of what is already a very low rent. Most likely there is a rent gouging situation here. And that’s why the tenant is mum.
The only “greed” here is being perpetrated by the RS tenant. As I said before, I hope the LL discovers the cheating and tosses the abuser out on his or her ass.
The OP has a legal right to go abroad and teach temporarily, and to sublet while she is gone. It’s that simple.
Due to her ignorance and fear, she didn’t cross her i’s and dot her t’s. It sounds like she merely wants to sublet her place – not rent gouge or profiteer off of a friend or to screw her LL- but unfortunately, due to the unrestrained greed and an often predatory climate propagated by certain, but by no means all LL’s, she was fearful of how to proceed and rightfully so. What she has done so far is not set in stone nor is it irrevocable. Also, since no sublease was signed I do not think any court would recognize this as a sublet: it’s definition is indeterminate but it sounds to me more like a roommate situation at this stage, although the issue of the amount her roommate is paying is of concern. If it is indeed a roommate, and she is charging him more than half the legal rent, she is in violation of the law and could have eviction proceedings brought against her for rent overcharge.
She needs to follow the law, which is what I am suggesting that she do, or she deserves to suffer the consequences. From her post, I do not think she has a clue how shrewd many landlords are, nor does she seem to have a solid grasp of the monetary value as an asset that her stabilized apt. represents, and the tens/hundreds of thousands of $$ her LL stands to make if he gets her out. If she understood the money clearly, she would understand better the danger of ignoring the law and making herself vulnerable.
Since she seems naive and ignorant, I suggest she seek the advice of an attorney who can advise her what she needs to do. If she takes my advice and follows the law, she can develop her career and broaden her horizons by teaching abroad: the LL will be paid his rent and will be allowed his annual rental increases. No one is cheating anyone and greed does not consume either party. The status quo is maintained. I do not see a federal case here, other than greed, rancor, and fear in the air.
The last few posts are examples of the deceptive practices advocated by rent regulation advocates. They take what they know is patently illegal action by a rent stabilized tenant and urge him to cover it up by using lies and gimmicks. And they recommend a website which specializes in such falsities.
Disgusting. They should be ashamed of themselves. It’s abuse of a system which should have gone a long time ago because it hurts the majority of the people in the city and by all studies it’s a disaster for the housing stock and market rents.
As Modsquad hints at, maintaining the apartment as your Primary Residence is important if you wish to keep it, more so if you have a landlord who has an incentive to wants to deregulate it. If you are gone for a year this would be the better method for your LL to evict you.
I suggest also discussing with your attorney what you will need to do to validate your apartment as your primary residence. If you get sued, expect to have your personal data submitted as evidence in court, as per the link above in Modsquad’s post. Utility bills/usage are also used to prove a tenant was not living in an apartment during a certain period. FYI, it is also very common for a landlord to video tape their tenants’ comings and goings via either an exposed or hidden video camera. My landlord had a video camera the size of a thimble hidden in the lobby, by chance a flash digital photograph of someone’s child showed an unusual reflection and that was how it was discovered.
I would advise against notifying your landlord that you now have a roommate. If the LL sends you a request in writing for your roommate’s name, then you can consider what you wish to do.
You really need to discuss your situation with a qualified and experienced tenant attorney…DO NOT go to an all-purpose attorney as he will not be familiar enough with these kinds of cases to give you good advice.
http://tenant.net/phpBB2/viewtopic.php?t=6788&highlight=primary+residence
The above link is interesting. Talks about non primary residence.
OP if I were you I would have your “roommate” use one of your credit/debit cards every once in awhile in NYC while you’re away.
There is also a good chance that being in China for a year is not in violation of your Lease. Courts don’t take the 189 day provision over a single year but look to see a pattern over several years.
OP, your “loophole” is under the provisions for sharing your apartment with a roommate sited in the link to Tenant.net by Oxygen above.
“5. You must inform the landlord of the name of a new roommate within 30 days after the roommate moves in, or within 30 days after a request by your landlord for the roommate’s name. Failure to notify the landlord carries no penalty.”
That’s pretty important about carrying no penalty.
PS teachinginchina, Where do we send the bill?