Tenant Covertly Posting Sublet Ads
I inherited a set of tenants from the previous owner of a townhouse whose lease is up this summer. Recently, I discovered active sublet ads for the apartment online, some dating back to the first month of the lease. Since the ads were being updated daily, I immediately shut it down by confronting the tenants…
I inherited a set of tenants from the previous owner of a townhouse whose lease is up this summer. Recently, I discovered active sublet ads for the apartment online, some dating back to the first month of the lease. Since the ads were being updated daily, I immediately shut it down by confronting the tenants and their broker. My question is, would documentation of this facilitate a case for eviction, or not, since I caught them before they managed to rent it? Thanks Brownstoners–
no one has to suffer a tenant they don’t like in an apartment they own.
it’s his house and if the tenant is not stabilized, get a new tenant.
Just a follow up to some of the comments above:
— Indeed, there has been a communication gap between me and the tenants that predates the short sale. This latest incident is only the most recent example. They have yet to offer me any explanation for the ads I found, or discuss anything with me for that matter. My desire to get them out is entirely about basic quality of life issues and also because I want to occupy the apartment. It has nothing at all to do with money since I won’t be renting the apt.
— The broker listed himself as the ‘owner/landlord’ and immediately lied to me when I contacted him. Turns out he was a friend of theirs, with a legit broker position at a major NYC firm. I subsequently confronted the tenants since they were still actively updating the ads (all over the web, now with a discount, but still asking nearly twice the rent they are currently paying), and I was concerned that they might actually manage to find someone either stupid or sketchy enough to take the apartment. Based on the ad, it was a lease assignment, which is forbidden without my written permission (Real Property Law 226-b(1)). I would have quickly discovered the new tenants and that would have been a mess for all concerned, so obviously I was looking to prevent that, and didn’t know if they were on the verge of signing a lease with someone, hence the ‘confrontation’.
— The reason I brought up eviction is because apparently the tenants have bragged around the neighborhood that they will force me to evict them even after their lease expires, thinking that they can game the system for a while. In forcing me to pursue a holdover case, they may be aiming to extort me for $$ to get them to leave voluntarily, which apparently is not uncommon. We’ll see how that plays out.
Thanks for filling in the blanks Bklnite – sounds as though the lease did stand up legally!
vinca, good link re: the Right to sublease or assign. The law refers to sublet rights in a dwelling having four or more residential units, so in a four family townhouse tenants would clearly have the right to post an an ad for a sublet, then on finding a potential sub-lessee inform the landlord of his intent to sublease.
OP’s history shows he purchased a 3-family house – so it seems to me a no sublet clause might be enforceable (?) but regardless he’s not going to win an eviction case for posting an ad for a sublet that didn’t happen.
You’re right that OP has a communication gap – but the bigger story, from the earlier post is this:
OP bought in a short sale, and the previous owner signed a lease with the tenant at “$300/mo. below recent market rates…” in spite of having a ‘no new leases without written approval from the buyer’ clause in the purchase contract. So… OP, after going through with the deal (apparently it was a good enough deal not to hold up closing over a lease that might cost $3600 in potential rent for the year) has been resentful since then and is looking for a reason to evict.
Whether signed or not, a no sublet clause is legally unenforceable if the tenant has that right by law. (And while I’m writing, my typo on de facto above.)
What “broker” would even list a sublet without the owner’s consent? That is seriously unprofessional. Agree, just don’t renew their lease when it expires – and contact an honest broker to help you find decent tenants.
Did they actually sublet the apartment, or just advertise it? If the former, what does the lease say about subletting? If the latter, maybe (as someone else pointed out) they need to get out of the lease, in which case you should be talking to them (actually, you should be talking to them anyhow).
Simply advertising an apartment for lease is not grounds for eviction, unless the lease you inherited very specifically prohibits it (highly unlikely).
Your post primarily demonstrates the communication gap between you and your tenants, and your own ignorance of the law. Subletting is not defacto illegal. There are laws that spell out a LL’s rights and obligations, as well as a tenant’s: http://bit.ly/eRkYF9
Assuming you have had no other issues with your tenants, why did you start out so confrontationally? “immediately shut it down” “contacted their broker” (what on earth does he have to do with it?). Regardless of those who believe all tenants are out to get them, most people will be reasonable if approached reasonably.