For example, students commonly sublet their rental units for the summer from May to August with plans to return in September. Namely, your rights include a habitable living environment, with any repairs and/or maintenance to be performed as needed, as well as the right to be sent an eviction notice prior to your roommate filing an eviction notice. Landlords have rights that we help protect. Conditions for Legally Breaking a Lease in New York. In this situation, the subtenant suceeds to the rights of and status as prime tenant. In fact, a subtenant by the very nature of them being secondary participants in the lease agreement has limited rights compared to the prime tenant. Babygirl sublet her apartment in Harlem, NYC, to spend a chunk of summer in the midwest with me. There are a handful of scenarios where a tenant can legally break a lease in New York without penalty. evict the subtenant or speak to you about subletting the unit). State that rent collected from the subtenant is paid to the landlord, to help deter the original tenant from charging the subtenant a higher rent amount and pocketing the difference. As you can tell, being evicted comes with difficulties. In that event, you can charge a 10% surcharge. If your roommate in New York has lived with you for thirty days or longer then you're required to formally evict them with a notice to quit, notice to terminate and a court date. If the tenant then decides to rent to another party, that agreement is a sublease, and the new tenant is a sublessee. 1. If in New York City, 30 days notice is required (N.Y. RPL §§ 232-a). For more information on housing court in New York City, see our resources on housing court on our Legal Assistance page. State laws give most tenants the legal right to sublet their apartments, even if their lease bans subleasing. When a landlord rents to a tenant, they create an agreement known as a lease, which includes all landlord-tenant rights and obligations. If this is a law what is the statute and the official wording? Non-discrimination laws also protect you as a co-tenant, so that you aren’t given unfair treatment by a landlord. LEASES Avoid the pitfalls of subletting or sharing. The New York Times Archives. right for any reason to terminate the Sublease upon 30 days notice to the Subtenant. In NYC, it usually takes about three weeks for a marshal to get their paperwork ready from the courts and serve the Notice of Eviction. One month if outside New York City (N.Y. RPL §§ 232-b). These three parties have their rights and obligations spelled out by the sublease agreement, if there is one, or … New York is very tenant-friendly when it comes to subletting. Contact Brasch Legal for help enforcing a no-sublet provision of your NYC residential lease. Subtenant with a copy of the supporting documentation received by Sublandlord and (b) give to Subtenant a credit or refund equal to Subtenant's Proportionate Share of the portion of such credit or refund remaining after deducting therefrom: 3.5.1. the portion, if any, of such credit or refund resulting from any reduction in This depends on the circumstances. Is this a law or a legal precedent? She found the subtenant on Craigslist after she'd already left, had a neighbor let her in before she got--without getting--a deposit, a signed lease, her information like social security number, employer, etc. Subtenant rights when landlord in being evicted, New York City, 4 replies Received an eviction letter and I'm a subtenant who pays, New York City, 3 replies What are my subtenant rights? Although often lumped together, rent-controlled apartments (a diminishing number of pre-1969 units) and rent-stabilized ones (post-1969) have slightly different sets of rights. 212-267-2500 (Tap to Call) 212-267-2500 ... (i.e. Said notice may be served by delivery to the Subtenant by overnight mail or personal delivery to the Subtenant. A written agreement works to protect all of the parties and their rights and obligations under the lease agreement. When a rental property is sublet, the original tenant moves out of the rental property and a new tenant (the subtenant) moves in to take his or her place but the original lease stays in place. Get your simple, free guide to subletting and sharing apartments in New York, published by SpareRoom.com, the fastest, safest, easiest way to find a roommate.SpareRoom helps thousands of people find rooms and roommates for free every day, and brings together roommates who really click, through our Speed Roommating mixers, held in Midtown … We’ll go through each of them below. The DRA ruled against subtenant, who appealed and won. Dear Far Rockaway Tenant: Your "subtenant" is a Roommate, or another legal occupant of the apartment you chose to share your living accommodations by your exercise of the tenant rights provided to you by Real Property Law Section 235-f. If a proposed subtenant has been unreasonably refused, you may proceed with the sublet and defend any challenge brought by the landlord. Subtenant originally had a sublease with a prior roommate which expired and we have continued month to month. Once all parties, including the original tenant, subtenant, and landlord agree to the sublease or assignment, it should be put in writing. Subtenant Rights. See the article in its original context from March 27, 1983, Section 8, Page 12 Buy Reprints. for NYC residents; it is NOT legal advice. Rights”). Is this true? Discover how the roommate law protects you and if you're covered by it. A master tenant can evict a subtenant, but like a landlord, must follow the formal eviction process that includes giving notice and filing documents. Just like you would take the time to compare and contrast available office space as a prime tenant, the same case should apply when you are subletting. This is best done with the advice and guidance of an experienced lawyer. In that time, as a tenant, you need to find a new place, get moving help, figure out any logistics with work and/or kids/school. Rent must be paid to the landlord. To be eligible in New York City, the tenant or the tenant's spouse must be 62 years or older, and head of the household "named on the lease" or a "tenant of record" or the older spouse of that person, live in a rent-stabilized or rent-controlled apartment, have a household income for the Actually, I'm the mama. A tenant who sublets is acting as landlord with the subtenant (and typically does have the right to terminate and evict the subtenant). If the Sublease is terminated pursuant to the provisions of this paragraph, then the Subtenant shall vacate by the date set forth in said Notice • New York City residential hotel owners and tenants are governed by the rent stabilization law, enforced by the DHCR. The DHCR enforces compliance with this law. A free Q&A forum with more than 9 million questions and answers, along with on-demand legal services that provide professional counsel for a fixed cost, make legal faster and easier. The original tenant may also be able to evict the subtenant if he or she has assumed the role of landlord for the subtenant. How to Evict a Subtenant Not on the Lease in NYC My question involves landlord-tenant law in the State of: New York City Due to me having to work out of states and my wife having to take care of her elderly mother, I have decided to sublet the apartment. Sublease Rights. In a sublease relationship, there are three parties: the landlord, the tenant (known as the lessee), and the secondary tenant (known as the sublessee.) I sublet my New York City apartment with my landlord's consent but without a written agreement--it's a 3-unit brownstone, and the landlord lives on the first two floors. If you are rent stabilized, you have additional rules to follow and additional rights: You cannot charge your subtenant more than your current rent unless the apartment is furnished during the sublet. Often, the original tenant expects to move back into the unit. The subtenant might win damages of three times the overcharge, attorney’s fees, and interest on the overcharge. Learn about your rights when it comes to sublease laws in NYC. Closed 12/7 at 11:15 AM through 12/8 at 2:30 PM In New York City, tenants who reside in a privately owned building of four or more units have a legal right to sublet their apartment for 30 days or more, even if their lease wrongly prohibits the practice. Back to Top Savvy landlords want all occupants of a rental unit to sign a lease or rental agreement and typically prohibit subtenants without the landlord’s written consent. If you overcharge your subtenant, the subtenant can use the law protecting rent-stabilized tenants against overcharges. My subtenant is late with rent, and my landlord issued a 3-day Nonpayment of rent notice; he and I have been in constant contact. II. Avvo Avvo helps people find and connect with the right lawyer through industry leading content, tools and services. The new tenant (or subtenant) becomes a tenant under the Residential Tenancies Act, so a landlord has the authority to evict the subtenant for the reasons listed in the Act.. I have heard that a subtenant can, after seven years of occupancy, assert the rights of an official tenant of record. Subletting Tenants Rights. In NYC, is my subtenant legally a subtenant or a tenant if the apartment is in my name but I am month to month and 3 roommates pay the landlord directly by check each month? Subtenant complained to the DHCR that she was entitled to a renewal lease because tenant engaged in an illusory tenancy scheme with landlord. Manhattan Legal Services 1 West 125th Street, 2nd Floor New York, NY 10027 Phone: 646-442-3100 Fax 212-348-4093 www.MLS.LegalServicesNYC.org Peggy Earisman, Director We are subtenants in a New York City Rent Stabilized apartment. !, Long Island, 1 replies Getting Trouble for Being Illegal Subtenant?, New Jersey, 8 replies Can landlord force my subtenant out?, New York City, 38 replies View on timesmachine. Subletting. • New York City loft owners and tenants are governed by Multi-ple Dwelling Law, Article 7-C, enforced by the New York City Loft Board. Subletting—also known as subleasing—happens when a current tenant rents out their apartment to another person, who in turn becomes their subtenant. Ensure the subtenant has insurance, or that your tenant’s renter's insurance covers the subtenant’s damages or losses. If the court agrees with you, you can recover your attorney’s fees. 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