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…
IrieMan, most supers don’t want to upset their neighbors so don’t ask questions. Landlords with significant numbers of rent stabilized tenants sometimes pay bonuses to supers who provide evidence of illegal subletting or non-residence and it will be a lot more than a tenant has to offer. My guess is that the landlord in this situation offers such bonuses to the super, could be as high as $10,000 for every apartment deregulated.
All well and good to have 20/20 hindsight, but OP (and any other rent stabilized tenants reading this) should have done his homework before leaving. My understanding is that you can sublet while out of NY on a temporary work assignment (e.g. teaching in China for a year), landlord needs to be advised and approve the subtenant, and the rent can’t be more than 10% above the legal rent, and I believe the rent goes to the landlord – the head tenant can’t profit from the sublease in any way, shape or form.
Most illegal sublets are because the head tenant wants to make a profit, that’s not allowed under the Rent Stabilization Code. The RSC grants rights and imposes obligations on both tenants and landlords, if you don’t follow the RSC faithfully you risk losing your rights and incurring penalties.
OP might want to contact a tenant lawyer to try and rescue his/her lease.
Ok the crack and wii thing just made my WEEK.
I don’t know or care about the legal nuances. I stand by my statement. ANY rent cap makes market rate rentals less affordable. ANY affordable housing requirement makes market prices higher. Unless people truly can’t help themselves, they should not be given handouts, and they should live where they can afford to live. the city is unaffordable precisely because so much of the housing stock has been transformed into a legal squat.
My issue is not legal, it’s moral. If you don’t need a handout, don’t take one. if you have one and you don’t need it, give it up.
I’m pretty sure a lot depends on how much you’re charging the tenant. Our sublettees were accused of “rent-gouging” us because we were paying $650 a month for a 2500 square foot loft in Hell’s Kitchen and they were only paying $350/month. There is some percentage of what you pay over rent you’re allowed to charge… but it’s very, very small, like 10%.
That being said, a roommate situation is a little different. I know someone who is barely in her apartment (has lived in multiple places over the last decade) whose roommate pays a larger percentage of the rent than she does, but has managed to hang on to her apartment.
If I were you, I’d try and have some semblance of residence: have some mail coming there, stop by occasionally, maybe keep some clothes in the closet. It makes it much more of a gray area.
“:( they also had some sort of badge and ID so i thought they were legitimate undercover cops.”
How long have you been here, anyway? Jeez. You don’t have to talk to ANYONE about ANYTHING! Guys like you would never have made it here in the old days.
I would only offer two points of advice in addition to what vinca and others have provided:
(1) Don’t make up any stories or nonsense. If you have improperly sublet the apartment, don’t make matters worse by telling falsehoods now.
(2) Don’t charge your subtenant more than you pay the LL. I think there may a permissible 5% mark-up, but am not sure, and why take the risk for maybe an extra $40 a month? Illegal overcharges are actually one of the best ways for the LL to succesfully bring an eviction case.
Also, Mr. Bummer — this is a rent-stab apartment not a rent control one.
Bummer we’re talking about a rent stabilized apt not rent controlled. Why should this person give up their home they’ve lived in for 14 years while they work abroad for a year? The apartment can be legally subletted, he just needs to follow the procedure. God, you all are like a pack of hungry wolves. Reading this thread is nauseating.
ENY i didnt know they were fishing for information! they asked if i heard about any apts being broken into and asked which one i lived in and how long i lived there and with whom 🙁 they also had some sort of badge and ID so i thought they were legitimate undercover cops.
*rob*
Grease the super=problem solved
Dear Mr. Bummer,
OP has the legal right to sublet. Contrary to what you and others are implying, the only thing he has done wrong is not following the letter of the law. He still might be able to pull victory from the jaws of da feet. If anything, he has screwed himself.
OP appears to be teaching while in China. For all intensive purposes a noble endeavor. What do you do Mr Bummer besides smoke crack and play Wii all day?