JasonRelics
Junior Member
What is the name of your state (only U.S. law)? NY
I APPRECIATE any help!!
I don't know the technical rules in NY. All I know is that tons of people sublease without any reference to the law, and that law is hardly ever enforced, and if a civil court ever discovers an illegal sublease agreement they give the sub-tenant over 6 months to move out just on squatters rights. I know plenty of people who have lived in apartments for decades and without issues on subleases with a main tenant, without the sub-tenants name on the lease nor without telling the landlord of the building. It's as common here in New York City as JAYWALKING. I know it's technically important that the sublease agreement be legal if I ever want a court to enforce the stipulations of the sublease agreement, but I don't want to make waves just to find out that the lease doesn't even permit a sublease in the first place and I lose the place, then the tenants simply sublease the place to someone who won't complain and nag over seeing the lease and assuring that the sublease agreement is legal. I need this place, and it's perfect for me. It's important! My concerns are the following:
I ve been offered a sublease agreement for a room in a 3 br apartment. The sublease agreement is between myself (sub-tenant) and person X (tenant, with name on the lease). There are 4 names on the lease. Person X, Person X s brother Person Y, and both of their parents, Person A and B. My sublease agreement does not mention anyone besides myself and person X. Is this a problem?
Person X is MOVING OUT in two weeks over 1000 miles away to California, but is keeping his name on the lease. Is it prudent for me to have an agreement with Person X when Person X won t be living in the apartment, nor even in my state?
Person A and B, the parents, DONT live in the apartment. So when I move in, the three bedrooms will be occupied by me, person Y, and one other unknown subletter. What rights do the parents, person A and B, have over me? What about Person Y, the brother? I don t know if there is already a pre-existing contract between the tenants over who pays what portion of the overall rent for the apartment. Does this effect me?
My fear is that I don t want to sign an agreement with person X, person X moves, just to have Person Y or person A or person B changing things on me (i.e. my rent, what is included in the rent, what rights i have to the room, etc) via a bait and switch, and Person X will be no where to be seen to be brought to civil court to enforce the stipulations of the contract.
SO WHAT DO I DO? Should I change the contract before signing it? Do I have to get ALL of the names on the lease to sign my sublease agreement? Does none of this even matter since the contract might not be legal in the first place? What about the hundreds of thousands of sublease agreements being used right now in New York City that aren't legal because they aren't permitted by law or a previously agreed upon lease agreement? Are ALL THOSE equally worthless? Surely the contract must be enforceable in this context even if it technically isn't allowed by law or previously agreed upon lease. So what do you say?
I APPRECIATE any help!!
I don't know the technical rules in NY. All I know is that tons of people sublease without any reference to the law, and that law is hardly ever enforced, and if a civil court ever discovers an illegal sublease agreement they give the sub-tenant over 6 months to move out just on squatters rights. I know plenty of people who have lived in apartments for decades and without issues on subleases with a main tenant, without the sub-tenants name on the lease nor without telling the landlord of the building. It's as common here in New York City as JAYWALKING. I know it's technically important that the sublease agreement be legal if I ever want a court to enforce the stipulations of the sublease agreement, but I don't want to make waves just to find out that the lease doesn't even permit a sublease in the first place and I lose the place, then the tenants simply sublease the place to someone who won't complain and nag over seeing the lease and assuring that the sublease agreement is legal. I need this place, and it's perfect for me. It's important! My concerns are the following:
I ve been offered a sublease agreement for a room in a 3 br apartment. The sublease agreement is between myself (sub-tenant) and person X (tenant, with name on the lease). There are 4 names on the lease. Person X, Person X s brother Person Y, and both of their parents, Person A and B. My sublease agreement does not mention anyone besides myself and person X. Is this a problem?
Person X is MOVING OUT in two weeks over 1000 miles away to California, but is keeping his name on the lease. Is it prudent for me to have an agreement with Person X when Person X won t be living in the apartment, nor even in my state?
Person A and B, the parents, DONT live in the apartment. So when I move in, the three bedrooms will be occupied by me, person Y, and one other unknown subletter. What rights do the parents, person A and B, have over me? What about Person Y, the brother? I don t know if there is already a pre-existing contract between the tenants over who pays what portion of the overall rent for the apartment. Does this effect me?
My fear is that I don t want to sign an agreement with person X, person X moves, just to have Person Y or person A or person B changing things on me (i.e. my rent, what is included in the rent, what rights i have to the room, etc) via a bait and switch, and Person X will be no where to be seen to be brought to civil court to enforce the stipulations of the contract.
SO WHAT DO I DO? Should I change the contract before signing it? Do I have to get ALL of the names on the lease to sign my sublease agreement? Does none of this even matter since the contract might not be legal in the first place? What about the hundreds of thousands of sublease agreements being used right now in New York City that aren't legal because they aren't permitted by law or a previously agreed upon lease agreement? Are ALL THOSE equally worthless? Surely the contract must be enforceable in this context even if it technically isn't allowed by law or previously agreed upon lease. So what do you say?