Turning Illegal Sublet w Legal
Hi- I know this is a site mostly for owners & LLs. Still, I need some advice regarding turning an illegal sublet to a legal one. I’m illegally subletting an apartment; the person I’m subletting from is not profiting from the situation. The landlord just re-upped the lease, but is suspicious b/c the previous sublettor…
Hi-
I know this is a site mostly for owners & LLs. Still, I need some advice regarding turning an illegal sublet to a legal one.
I’m illegally subletting an apartment; the person I’m subletting from is not profiting from the situation. The landlord just re-upped the lease, but is suspicious b/c the previous sublettor ratted out the lease-holder due to a dispute over the security deposit. Fortunately the lease-holder had a good relationship with the landlords and had covered her tracks in terms of bills etc., and so and got away with it. This was maybe 8 months ago.
However the leaseholder has learned from the super that the landlords are suspicious. As a result, she wants to formally request to her landlord that she legally sublet the apartment.
My question is this: do you think that a formal request to sublet the apartment after the landlords have been suspicious is in any way a mistake? Could it exacerbate the situation? Could they say “no” b/c they already suspect its no longer her primary residence?
Does anyone have any advice for how to successfully navigate these waters.
The leaseholder is anxious to get the ball moving on the formal sublease, so I’d love to get an answer quickly.
Thanks!
Adam
Thanks everyone – all very good to know.
Starfish: The section of law covering sublets is not limited to rent-regulated apartments. It applies to “a tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units…”.
regarding starfish’s post above – on the contrary it *could* be good for you if they want to evict primary tenant bc you are already in place and considered a “known entity”. They may offer to give you the primary lease which can only be raised X% amount per year.
This happened to me when I first moved to nyc and very naive. Signed a sublet lease from primary tenant in RS apt who did not get approval from LL and told me to just say we were “roommates” (meanwhile he moved to DC). What did I know? 6 months later doorman caught on and finally spoke up to LL. LL told primary tenant he could either go thru eviction process or assign it over to me (already a known entity). long story short, primary tenant chose to sign it over to me and let’s just say I lucked out big time.
Hey you never know!!
It’s very hard to prove the illegal sublet without the help of the person subletting (you). Without a investigation with real proof they have no case. The leaseholder should proceed with the request for subletting and admit to nothing regarding any past illegalities. She is not required to incriminate herself/himself/whatever.
I’d bet that this is a low-rent stabilized apartment. That’s why you’re so desparate to stay, right?
I’d also bet that the leaseholder is not using it as a primary residence. That’s why she tried to hide a string of sublets. If I were the LL I’d give the leaseholder as hard a time as I could about subletting, and I would launch an investigation concerning primary residence with the goal of eviction. It doesn’t look good for you.
Ahhhhh. The joys of the rent stabilization system…..
There are very specific guidelines concerning apartment sublets. You can read a general FAQ at the link that follows, and consult one of the organizations listed at bottom re: specific details of your question/current arrangement: http://bit.ly/azxOGX
Dude, you’re living in the golden age for renters. Just move, there’re great rental deals out there, why not take advantage.
Ask the LL straight out to get legal, tell him what a good renter you’ve been. If he won’t legitimize you, move.
Okay – my information, may not be 100% accurate.
If market rate – landlords can do whatever they want, will probably prefer to rent to a primary leaseholder, and so will not allow sublet. Might sublet to you because you are semi-known character. Might just decide to terminate tenancy because who wants a bunch of people you don’t know in your property?
If rent-stabilized (and you really should given more info when you ask these questions) – tenant has right to sublet for 2 years with permission of landlord. Sounds like in this case rimary tenant has been stringing sublettors together to hold on to apartment because she might move back from LA/break up with her girlfriend/get tired of the country life in Dutchess County. Obviously this is without permission of the landlord, and thus in violation of the lease. Given what you’ve said, I would think a request to now legally suble would raise a question in landlord’s mind and would result in an eviction proceeding – it is almost always in a landlord’s financial interest to evict a stabilized tenant to get the vacancy allowance. So the answer is “yes” they can evict if they think it is not her primary residence. Unfortunately, it is a rare landlord that then wants to rent to the illegal sublettor in that situation. If the landlords are suspicious, asking to do the right thing now won’t cure the breach of lease over the past few years.