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  1. #1
    NYCgirl007 is offline Junior Member
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    Being asked to leave a sublet

    What is the name of your state (only U.S. law)? New York, NY

    I signed a sublet contract with an individual for 4 months, until the end of this year (I'm the one subletting). The tenant said that she was friends with the landlord and that she had approval to sublet. I wasn't really sure if this was the case, and it was a really good rent/location so I wanted to act quickly. So basically, to protect myself, I put in the contract that she confirms that the sublet is legal and that if not, she would owe me money if I were to be evicted. (I paid the full rent upfront, and it has already been cashed). Suddenly today she tells me that she wants the apartment back. She says she's willing to pay me the money back for the rest of the period. However, I spent money and time buying furniture, signing up for gyms in the area, and hiring a mover. I really, really don't want to leave. My question is this: because I'm not sure of the legality of the sublet, would it be better for me to just leave and get back what money I can, or would it be okay for me to stay since I have a contract with the tenant? (and if I get evicted by the management company, then I can go to court and reclaim the rest of the rent that I paid since it's in the contract?) It also worries me because she is friends with the landlord and I feel that I have no leverage (the landlord will just have me evicted, but she won't be penalized....so she has no incentive to listen or work with me).

    Please help!
  2. #2
    BL
    BL is offline Senior Member
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    If you can find another Apt. and want out - get it in writing ,signed and dated .

    Also request cash for keys ( as compensation ) to release you . One months rent perhaps , plus any unused days ,upfront , not after vacating .

    Just because the tenant holder wants the Apt. back doesn't mean you have to allow it though .

    Eviction , if illegal sub-let should be filed against both legal tenant holder and sublet ,not just you , if the LL pursues this .

    If you were to end up in court and the legal tenant holder was not named , you could bring that up.

    Courts are reasonable ,and should give you some time .
  3. #3
    NYCgirl007 is offline Junior Member
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    Thanks very much for the reply. I really want to stay, but I'm worried because she also has a set of keys. What if she trashes the place or steals from me? And what if she changes the locks? Am I allowed to change the locks?
  4. #4
    BL
    BL is offline Senior Member
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    Quote Originally Posted by NYCgirl007 View Post
    Thanks very much for the reply. I really want to stay, but I'm worried because she also has a set of keys. What if she trashes the place or steals from me? And what if she changes the locks? Am I allowed to change the locks?
    Generally the LL would be allowed entry under the Law .

    Generally you could change the locks and provide the LL with key copy(s) .

    You could change them back when you move out .

    Hardware stores can change the lock cylinder(s) and provide key(s) for them.

    Since the lease holder has a LL , that would be the LL , not the lease holder .

    If the Apt. were to be vandalized or burglarized ,you call the Law .

    If the locks were not changed and there were no signs of forced entry ,the Law would focus on those that have keys for entry to investigate .

    [url=http://www.housingnyc.com/html/resources/attygenguide.html#1]NYC Rent Guidelines Board[/url]
    Last edited by BL; 09-29-2009 at 01:36 PM.
  5. #5
    NYCgirl007 is offline Junior Member
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    Help!

    The tenant just gave me notice, by text message, to vacate in 7 days. What should I do??? Can she evict me like this? We signed a contract saying that we agree to terminate on 12/31/09 and I already paid all the months upfront. The contract also says that if we have an early termination, it must be agreed upon mutually. I don't, however, want to leave.

    Again, I ordinarily have no problems just saying "too bad," but this situation seems different because (1) tenant is friends with the landlord and (2) I don't know if this sublet is illegal. What are my rights?? Should I leave and file for small claims later? Or should I stay and put up a fight?

    The tenant offered to pay back the remaining months on the rent, but that's not satisfactory for me. I JUST moved in and paid fees for neighborhood gyms. Please help! And if anyone knows of a lawyer, I'd appreciate it too

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