sticky subletting situation

Give your roommate the written 30 day notice before the end of the month to let her know she needs to be out by 7/31. Mail a copy for proof of delivery and/or have the boyfriend there when you hand deliver a copy so you have a witness. Have a conversation with an attorney who does landlord/tenant cases. Ask your landlord for a referral if you don’t know someone you can talk too. It’s a bummer to lose your place to live, but that’s life in the big city. She’s a friend (or at least used to be) so you’re probably reluctant to be a hard-ass but sounds like you should protect your rights, and don’t let her drag it out. If she can’t find a place to move to by 8/1 and you want to be nice you can cut her some slack for a couple of weeks or until 9/1 but I wouldn’t do anything in writing that could legally give her the right to drag it on longer. Your worst case scenario is ending up in court over this. Good luck.

bk1lnite

in About Brooklyn 11 years and 3 months ago

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bydesign | 11 years and 3 months ago

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Trying to help a friend out with a sticky subletting situation – see below for her explanation – would love some insight! ___________________________________________________________________________ I’ve had the same apartment since 8/2011 – I first signed the lease with a friend. When he left, I became the only person on the lease and it’s been that way since 2012. I’ve been subletting the second bedroom to another friend since 8/2012\. I’ve asked her to leave because my boyfriend would like to move in in November. She’s not on the current lease; she has month to month sublet agreement with me, which landlord will not accept once current lease is up on 7/31 because she wants everyone in the building to be on leases. (I’ve attached our sublet agreement.) I’ve spoken with the landlord and she would be comfortable with the subletter and me signing a lease for 8/1-10/31 and my boyfriend and I would sign one for 11/1-7/31/15. After two unsuccessful attempts to chat with my subletter (I feel like she’s avoiding me, saying she’s too tired/not feeling well), I sent an email detailing our options yesterday. 1\. Under our current sublet agreement which requires 30 days notice, she could leave in 30 days (and Max and I would sign the lease for the full year) or 2\. She could sign onto a lease for 8/1-10/31 and leave after that We had scheduled a time to chat last night and she dodged me again, sent a text saying that she didn’t have it in her to talk about this. As I’m approaching the 30 day notice window and because my landlord has asked us to come to an agreement about lease dates, I need to reach a resolution ASAP, which is challenging if my subletter won’t speak to me! I know it’s a challenging situation for her, but she can’t keep hiding from it. Do I have any course of action here if she keeps evading me?

resident2 | 11 years and 3 months ago

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Do not put your roommates name on the lease! You do not mention if the lease is for a rent stabilized lease. If it is definitely do not put her on the lease. Under Landlord tenant law in NYC every tenant is allowed to have one unnamed person living with them not on the lease. Although of course if it is not rent stabilized, the landlord does not have to renew the leases to anyone, so the landlords rules, rule. Your roommate is making things uncomfortable for you, you have to make things uncomfortable for her. Move your boyfriend in, occupy the bathroom as long as like, eat her food in the refridgerator….do all those horrible things that bad roommates do. I had some roommates once in one of my buildings that wanted to get rid of one…they changed the lock on a Friday afternoon, emailed the offending roommate that they had broken a key and needed to change the lock before they all went away for the weekend, they gave her notice that they had left a key at the local bodega, not saying which bodega….The shift changes at the bodega, no one knew where the key was etc. etc…. I could not break in she was not on my lease. She moved out on Monday when they got back and she could get her stuff. P.S You cannot legaly lock her out!

Putnamdenizen | 11 years and 3 months ago

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She obviously doesn’t want to move. Sounds like you may need to evict her in landlord-tenant court.

majorhints | 11 years and 3 months ago

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Now you know what its like to be a landlord. Enjoy!