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?
Change the locks. Put all their belongings out on the curb.
“Here they have been sold a license/rental agreement/sublease from someone claiming a right.”
On what grounds is the right claimed? Roommate has no lease. If the roommate has no transferable interest in teh property, then the agreements to sublet — whether you call it a license, sublease, or something else — may likelty not be valid. Putative subtenants have apparently not been vetted by anyone. As a housesitter I would be more concerned than if I were the owner precisely because there is so little I can do in the event something goes wrong. But some clarity on HCO’s authority or not to act on behalf of the owner here would be helpful.
Perhaps he meant he’s also house sitting for the two tenants that are away, and by that he means feeding the cats and watering the plants?
Hancockone — you really need to clarify what is going on. How do you own the brownstone and permit the tenants to take a roommate if you are just the housesitter?
Anyway, assuming you are acting on behalf of the actual owner, then vinca’s advice is a good start.
hancockone said he / she is the owner. First sentence above.
I agree with those that say this is a huge deal, and insulting both to you and the tenants on the lease. As to what to do, suppose it depends whether they do indeed leave at the end of the month. Vinca’s advice looks good, as usual.
squatter is someone who goes into a property without any legal claim. Here they have been sold a license/rental agreement/sublease from someone claiming a right. Until that issue is resolved they are not considered squatters(they can be at the end of the case if their claim is disallowed). That person giving them access IS in the property legally. He has invited(for money) someone else they ARE NOT trespassers.
hancockone, since you are not the owner, scrap my advice. The only thing to do is to contact the person you are housesitting for. I am not really sure if I understand your situation. Are you another tenant in the same building, housesitting for the roommates, or housesitting for the owner?
I think he meant that he is house-sitting for them, but he is still the owner of the place. Why can’t you be both?
the non-leasing holding tenant has “sold” a license to certain people for a few days. While this may be in violation of the lease, the people are NOT squatters and not trespassers. The person who has legal access has invited them in(it may be in violation of the lease or in violation of zoning). Calling the police or the sheriff or any one else you do at your own peril-and if they arrest them on your complaint you better have very good insurance or your own assets will be at jeopardy.. If you are not the owner you can’t make a complaint unless you have specific authority to do so(are an agent of the owner for this purpose).
Any action in housing court will take longer. the only thing you could possible do is try for an injunction- which you will need a lawyer for and cost you tons of money.