LL threatens eviction over subletter

[ambiguator]

City, State: New York City, New York

My LL has just served a "10 days to cure" notice after my subletter has been in residence for 60+ days.

I followed the procedure to notify my LL of my intention to sublet and never received a request for anything further from the LL, implying that I was ok to sublet...

Turns out that the LL DID send a request for more info, but i never received it - it was sent certified, return receipt and was returned to the LL, proving that I did not receive it.

The LL has 10 days to respond, or my sublet has tacit legitimacy. Where does the return-to-sender of the LL's response fall legally? Does it count as lack of response or what?

Thanks in advance

 

[HomeGuru]

City, State: New York City, New York

My LL has just served a "10 days to cure" notice after my subletter has been in residence for 60+ days.

I followed the procedure to notify my LL of my intention to sublet and never received a request for anything further from the LL, implying that I was ok to sublet...

Turns out that the LL DID send a request for more info, but i never received it - it was sent certified, return receipt and was returned to the LL, proving that I did not receive it.

The LL has 10 days to respond, or my sublet has tacit legitimacy. Where does the return-to-sender of the LL's response fall legally? Does it count as lack of response or what?

Thanks in advance

**A: no, since you requested to sublet, it was your responsibility to have followed up with LL. Why did you not pick up the letter or contact LL to inquire as to the status. A no LL response does not mean a yes response to your sublet.

 

[ambiguator]

a) i never received notice that the letter was mailed and had no way of knowing that i should be going to pick it up

b) I didn't know I needed to follow up and thought that the owner was simply giving consent by not replying. i was following the guidelines on the NYC Rent Guidelines Board's website which state that

Within ten days after the mailing of the request, the owner may ask the tenant for additional information. Within 30 days after the mailing of the tenant's request to sublet, or of the additional information reasonably asked for by the owner (whichever is later), the owner must send a reply to the tenant consenting to the sublet or indicating the reasons for denial. Failure of the owner to reply to the tenant's request within the required 30 days will be considered consent.

http://www.housingnyc.com/html/resources/dhcr/dhcr7.html

Any ideas on how this plays out?

 

[HomeGuru]

a) i never received notice that the letter was mailed and had no way of knowing that i should be going to pick it up

b) I didn't know I needed to follow up and thought that the owner was simply giving consent by not replying. i was following the guidelines on the NYC Rent Guidelines Board's website which state that


http://www.housingnyc.com/html/resources/dhcr/dhcr7.html

Any ideas on how this plays out?

**A: yes, you lose LL wins.

 

[Alaska landlord]

Turns out that the LL DID send a request for more info, but i never received it - it was sent certified, return receipt and was returned to the LL, proving that I did not receive it.

The return of the certified letter would indicate you refused delivery. I am sure the courts are full of people claiming the same. I don't know how difficult it might be in NY, but you might try supplying your landlord with your tenants personal info and try to negotiate his or her staying.

 

[ambiguator]

you might try supplying your landlord with your tenants personal info and try to negotiate his or her staying.

I included the subletter's information in my original letter, and as I still have not received anything from the landlord other than the 10-days threat letter, i don't know what else i can supply them!

 

[Zigner]

I included the subletter's information in my original letter, and as I still have not received anything from the landlord other than the 10-days threat letter, i don't know what else i can supply them!

Seems to me that your unapproved subletter should move.

 

[ambiguator]

ok, let's say i want to go the "cure" route -
do i just move back in to the apartment and have my subletter move out?

What if I move back in and my subletter stays as a roommate?

Does this situation have any bearing on any future sublet request?

what i'm getting at is if i move back into the apartment for 30 - 60 days and re-apply for the same subletter to sublet the apartment, is that technically legit?

Follow up: how does one go about demonstrating primary residency if one maintains two abodes?

 

[HomeGuru]

ok, let's say i want to go the "cure" route -
do i just move back in to the apartment and have my subletter move out?

**A: that's a start.

**************
What if I move back in and my subletter stays as a roommate?

**A: you would still need LL permission.

****************

Does this situation have any bearing on any future sublet request?

**A: of course it does but it is up to L.

*************

what i'm getting at is if i move back into the apartment for 30 - 60 days and re-apply for the same subletter to sublet the apartment, is that technically legit?

**A: stop playing games and do things right.

*************
Follow up: how does one go about demonstrating primary residency if one maintains two abodes?

**A: ask the government.

 

[CA LL]

Here's what you did..

You SUBLET BEFORE you received the response that WAS sent to the ADDRESS you were still supposed to be living at.

The LL was reasonable to expect that you had not COMPLETED the process of moving in someone in your place and sent to the correct address.

If your sublet person did not notify you of the certified mail for you..well that's both of your problems but not the LL's.

In most states (NY is an exception) subletting can be denied flat out by LL's.

But in this case you may have not only caused your sublet tenant to be kicked out but you too...

A bit confusing in that you first imply you only VERBALLY "thought" you got an OK.

Then you later say you included the info with your "letter".

 

[HomeGuru]

QUOTE=HomeGuru;1744895]**A: yes, you lose LL wins.[/QUOTE]