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…
Wouldn’t the details about what is allowed or not regarding sublets be in the lease? My first apartment was rent stabilized and I wasn’t allowed to sublet it.
i paid my rent in cash. but i think that was my choice at the time, made things easier.
also there have been cases where if the illegal (or legal) subletter has been paying the tenant on the lease in cash, they could after a year TAKE OVER THE APARTMENT and the person originally on the lease has no say about it.
i was informed that had i been writing checks for all those years i could have taken over the apartment legally.
*rob*
I admit to not being sure about this, but if the tenant writes the checks but someone else is living there, I don’t think the fact that the landlord cashes the checks means that the LL can’t attempt to evict. If he accepts check from the subletter then that is a different story. So much simpler if you had been straightforward…
tell your friend you are subletting to, do NOT answer any kind of questions to ANYONE. when i lived on the LES i lived in a sublet that was a rent CONTROLLED apt. when the owner sold the building the new owners a management company sent around private detectives who claimed to be cops and asked if we have seen any sketchy people around and that some apts were broken into. no apts were broken into, they were fishing for information. they had asked me if i lived there and for how long. D’OH! i should have said NOTHING. a few more rounds of this, and the woman i was subletting from for 4 1/2 years got served a notice of eviction for not residing on the property and then she asked me to move out immediately so she could move all her stuff back in, paint, and make it look like she was living there the whole time :-/
you sleep with dogs you get bit by fleas. always remember that.
*rob*
Not true vinca. Worse case scenario would be no response from OP to an action brought by LL. Judgment would be in LL’s favor and an order to cure would be issued requiring the illegal subtenant to vacate in 10 days. OP has the right to cure before an eviction order is granted. What clause in a residential lease requires a personal appearance by either party? Most LLs send a lawyer to do their dirty work and avoid LL/Tenant Court at all costs. Like I said before, if OP is sending rent checks and LL is depositing them then he is not in violation. If OP is stupid enough to “confess” and implicate himself, then he deserves to be put on the street.
I know MANY people who have lost rent stabilized apartments due to illegal subletting without notifying the landlord. They were gone long-term and tried to sneak around. It does take a while for eviction, though. If you are only gone for a year, your landlord might be willing to give you a break. But I agree with others that you handled it poorly. Especially since you were NOT trying to do this for a long period of time.
Your below market lease is making my market rate lease more expensive. I say booooooo to rent stabilization and booooo to people who feel like they are entitled to keep below market leases at the expense of landlords and everyone else. And the answer to your question is no, you can’t keep your place.
MS: Illegal sublets are definitely evictionable offenses. Whether OP or LL will prevail depends on a number of factors. OP has set up a situation with the potential for a housing court case where OP will need to appear in person.
Sorry for the 3rd post, I’m sure people are mad enough but it is important to know that illegally subletting your apartment is NOT an evictional(sic) offense. The court would simply say that he would have to move out. There is nothing preventing you from finding someone else even from China to sublet to.