Illegal Sub-let Situation
Good morning group. Here is an interesting situation. I own a brownstone and rent the top 2 floors as a single-unit 3-bedroom apartment. 2 names are on the lease and they asked if they could have one roommate. I agreed. Both primary tenants are out of town for the month and the lease expires the…
Good morning group. Here is an interesting situation. I own a brownstone and rent the top 2 floors as a single-unit 3-bedroom apartment. 2 names are on the lease and they asked if they could have one roommate. I agreed. Both primary tenants are out of town for the month and the lease expires the end of this month. The non-lease-holding roommate has decided that he can make some extra cash by subletting the tenants’ bedrooms to persons for short-term for the rest of the month. He informed me of this only after having lined up his subtenants and taken money from them. When I told him that absolutely no subtenants are allowed he informed me that they are moving in this Friday whether I like it or not.
So group, how would you handle this? If subtenants show up, that is a direct violation of the lease and I could initiate eviction proceedings. Seems futile since the lease is up this month. If “mystery people” show up in my house on Friday do I call the police, the sheriff’s office. Any (legal) ideas?
Smeyer,
Can you please weigh in on the legality of all the great suggestions regarding signage. i.e. “bedbug extermination scheduled for next tuesday.” or “notice of illegality of subtenancy”
These seem like the most viable countermeasures so far, but I would want to hear your legal blessing before recommending in full…..
sitting on a stoop with a baseball bat in your hand can be considered the crime of menacing if you use it at all to attempt to intimidate anyone-even just banging your hands with it…. The good news its only a misdemeanor…..
sloper77, you forgot to mention bedbugs extermination schedule.
Real simple. If it’s your property sit on the stoop with a bat (for show) and do not let them into your building. If you are there and sternly refuse them access I highly doubt they will attempt to go inside.
Do you know if the person who is renting has signed documents w/ the people who are supposedly moving in? It might make a difference – & if he does have any signed agreements you can demand to see them & get in touch w/ them to advise them the deal is off.
Thanks for the clarification. Do your tenants undestand that their roommate is renting out their rooms while they are away? Perhaps more than anything else that is most uncool.
chuck….When it’s time for me to retire I’m going to sell my house, move in to some place as a rental for a year and refuse to pay rent once I move in. i figure I can stay in NYC another 6-9 months. I won’t care about my credit rating as i already own my retirement home and won’t ever need to borrow any more money.
i never understand why people post the craziest situations here when the first and only logical reaction is talk to your lawyer.
talk to your lawyer. then talk to your lawyer. and maybe talk to another lawyer after that.
did you have the “roommate” sign a lease when you allowed him to move in?
lastly, on Friday, sit in front of YOUR house with a copy of the deed, a copy of the lease, and a phone that’s already called 911 (whether your tenants’ insipid roommate “likes it or not”). Forcibly deny these strangers from moving in.
End of story.
So no one has given definitive legal advice. In that case, you better consult a lawyer ASAP. If you get no definitive advice, grow a set of balls and stand there and make sure they don’t move in. Advise them that the non-leaseholding tenant made a fraudulent contract with them and they need to get restitution from him. Send them on their way.
It may all be very benign…that is, they may only want to stay there for the month but this is NYC and if they decide to move in and stay and not pay rent, you are fucked. Nip thi in the bud.