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?
If I owned property and had renters I would want the planter waterer reacting that way, tyber. Especially considering how strange the housing laws are in this city and how heavily they favor renters, legal and illegal.
Wait… you’re not the owner like you said in your original post?! You’re reacting this way as the person that waters the plants?
Yikes!
You are SERIOUSLY over-reacting… they rented out the rooms to some vacationing folks or someone who needs a “gap” month before they move into a new place. Probably used craigslist or vrbo.com
It’s a freakin’ month and they will leave at the end. Calm down.
He is “intending to use the apartment as a SRO” — are you joking? If you’re this paranoid, you really shouldn’t have rental property.
HCO– if you are not the owner, you need to get in touch with the owner ASAP. It is his/her battle, unless these types of things have been delegated to you. You need the owner’s intent on this one. You might not have standing in housing court by yourself. Yes, by all means, get in touch with the tenants and the putative “subtenants.” Let them know that, unless you hear otherwize from the owner of the house, you consider this trespassing and plan to act accordingly (keep it vague about your next steps). Also follow vinca’s advice.
CMU — complete strangers are moving into the house illegally by consent of someone who has no authority to invite them in. Concerns are legitimate and pushback is definitely appropriate until events prove otherwise. I wouldn’t tolerate it, but the maneuvering room is small here.
hancockone…I think we assumed you were the landlord. Contact your friends for whom you are house sitting and clear it with them AND, more importantly, the landlord.
Commenting on CMU_
Just to clarify, I do not have any contact information for the intended subtenants.
I am the housesitter, I am watering their plants and taking care of their cats.
These are not houseguests, the non-lease holding roommate is intending to use the apartment as a SRO. I don’t think I am over-reacting.
If they’re only here for the rest of the month you probably don’t have much recourse. Landlord tenant laws in the city heavily favor the tenant and it will take a month to actually get an eviction notice. Keep the deposit and let the subtenants know they’re illegal occupants and not allowed to stay after the end of the month.
Firstly, why the overreaction? It’s only a month. If you have not extended the lease, nothing’s changed. Why not just talk to the subtenants and assume they don’t want to be part of a nasty situation? Maybe they won’t move in.
And what’s your objection anyway?
Finally, if this guy had just not told you, would you have known? Maybe you would have assumed they are guests of the tenants. As a landlord myself, I certainly would not assume that my tenant would have to tell me about a housesitter if they are out on vacation for example.
What Maly @ 11:51 said. Idiot renters in over their heads.
***Bid half off peak comps***