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?
Be paranoid UPFRONT. And calm after evidence proves otherwise. You agreed to this 3rd tenant (the non-lease holder). So he is technically, a valid tenant. That said, if your lease specifically states, no sublets etc., those “subtenants” have no legal right to be in the building. I would contact the lease holders IMMEDIATELY, and contact the police and prohibit them from moving in. It’s a much different story once they’ve taken up occupancy. But you can keep them out prior to moving in.
For people that feel it’s “NO BIG DEAL” to have someone you have no information on living in your house, let them come to your house unannounced, and move in.
Raphael You are a genius. Here I thought making a statement about the legality of the sub-leasing was the way to go, but certain fictional signages would be even better.
Need to clarify that I am the landlord, homeowner, I live in this same building. I am also watering plants and feeding cats for my lease-holding tenants with whom I have no complaint. It is the non-lease holding roommate who is attempting to sub-let the tenants apartment in their absence. He is doing this without their permission and without mine.
“A little bit of signage can go a long way”
leave detailed instructions to feed the pet rats?
put up a notice as to when the crew will be coming in to remediate the lead paint and asbestos?
schedule an open house for prospective renters?
A little bit of signage can go a long way. If its your building maybe put a sign on their door “Be advised that only Bob and Jim are legal tenants of this space. If you are not Bob or Jim you are living here illeagally and could face the penalty of the law.” Something ambiguous but still scary…
But smeyer is right — do not resort to self help (i.e., don’t change the locks). Get the owner’s intent, first and foremost.
“If the person is there legally, lease or no lease in their name, the law allows them to give access to others.”
That seems like a stretch to cover the OP’s situation. If you are right, then the two new “licensees” could invite their friends to move in as well and charge them “rent”, and they in turn could sublease or license the right to live there to their friends and so on and so on and so on . . . . Not that that is likely to happen, but you are overstating the roommate’s right in this situation.
These are not overnight guests but are being charged by a non-leaseholder for the right to move in and live there. Non-leaseholder roommate does not have an interest in the property that he is allowed to convey to others. They may not be squatters, but their subtenancy or license or whatever you want to call it is not authorized.
I change my mind. What smeyer said sounds good. Do nothing.
that’s right change the locks and you will lose ownership of the building and pay a lot. The owner allowed the subtenants. They are there legally, writing or no writing. They are “selling” a right- it may violate the lease. follow some of the advice above and you and the owner will be in a lot of trouble. I have no problem you going talking with the PD or housing they will tell you the same thing.
Its not an issue of whether they have been vetted. Its an issue of whether they have been given access by someone there legally. If the person is there legally, lease or no lease in their name, the law allows them to give access to others. It may violate the lease but it doesn’t make them squatters or trespassers…
You want a Brooklyn jury to hear the lawsuit against you and the owner?