Actual risk of unauthorized subletting

[kingmo]

What is the name of your state? New York

I am leaving the country for 3 months and want to sublet the place, but my lease does not allow subletting.

Personally I don't care if I lose the lease, I'd like to move out anyway, but I don't want fines that outweigh what i'm saving via the sublet (which is $5k) or any legal issues. This really comes down to the level of risk i'm taking. So assuming the landlord discovers this, what are the odds they go the extra mile (meaning do something more than just tell me to get out or keep the security deposit, which I can live with)?

 

[Zigner]

You could end up with an eviction on your record.

There is no way we can guess what your landlord might do.

 

[Just Blue]

You could end up with an eviction on your record.

There is no way we can guess what your landlord might do.

And what the person who was sublet to might do after they are evicted from the apartment. That person will have damages as well.

 

[kingmo]

You could end up with an eviction on your record.

There is no way we can guess what your landlord might do.

How big of a deal is that? Considering the next place i'm probably going to buy.

I know you can't guess it, i'm basically asking if this happens often. Doesn't an eviction go on your record if it goes to court, I was under the impression that they first send a letter telling you you have 30 days or whatever to evacuate.

 

[kingmo]

And what the person who was sublet to might do after they are evicted from the apartment. That person will have damages as well.

That person is a friend of mine they won't do anything.

 

[Zigner]

How big of a deal is that? Considering the next place i'm probably going to buy.

Might make things tough to buy with a judgment against you.

I know you can't guess it, i'm basically asking if this happens often. Doesn't an eviction go on your record if it goes to court, I was under the impression that they first send a letter telling you you have 30 days or whatever to evacuate.

Not exactly. I'm not going to help you plan out your attempts to defraud your LL except to tell you that you should abide by the terms of the agreement that you freely and willingly entered in to.

 

[kingmo]

Might make things tough to buy with a judgment against you.

Not exactly. I'm not going to help you plan out your attempts to defraud your LL except to tell you that you should abide by the terms of the agreement that you freely and willingly entered in to.

Well than in the words of the immortal Mr. Wonderful, you're dead to me...

 

[not2cleverRed]

Well than in the words of the immortal Mr. Wonderful, you're dead to me...

Charming.

Being told that what you are proposing is not a good idea, and potentially has negative legal ramnifications is not being "mean".

My advice: tell the LL that you are leaving. He might approve of the sublet proposal, he might not. If the LL says that this particular subletting would be okay, get it in writing. If both parties to a contract mutually agree to a change in the contract (which is what the lease is), then they can change the contact.

However, if the LL does not approve of the proposed sublet, don't do it.

 

[STEPHAN]

I was under the impression that they first send a letter telling you you have 30 days or whatever to evacuate.

You will not get a registered letter if you are out of town.

 

[Just Blue]

You will not get a registered letter if you are out of town.

Oh Stephen...Lets just sit back and watch the fall where it may for the OP.

 

[HRZ]

IF the LL is being paid exactly as the lease specifies and the tenants make no waves, then the LL may chose to remain inactive ....but not all tenancies remain peaches and cream ....and as a LL I might get very worried very quickly at the slightest of " issues " especially in situations where I might have problems to,evict your deadbeat tenant and problems to collect in full from you.

 

[LdiJ]

Having someone housesit might be different than having someone sublet.

 

[Taxing Matters]

Not exactly. I'm not going to help you plan out your attempts to defraud your LL except to tell you that you should abide by the terms of the agreement that you freely and willingly entered in to.

The sublet would be a breach of the lease, but it isn't fraud.

 

[Zigner]

The sublet would be a breach of the lease, but it isn't fraud.

Fair enough - Still, I won't help the OP formulate plans to breach his lease.

 

[not2cleverRed]

How big of a deal is that? Considering the next place i'm probably going to buy.

Well... Do you have enough cash to buy outright, or are you going to need a mortgage? Because having an eviction and monetary judgement against you within the past calendar year might affect your credit.

Doesn't an eviction go on your record if it goes to court, I was under the impression that they first send a letter telling you you have 30 days or whatever to evacuate.

They have to serve you notice. A letter to your last known address is one way to serve notice, but there's more than one way to serve you notice. You not receiving the notice because you have snuck off without leaving your LL a forwarding address does not mean that the LL will not be able to evict you. In order to evict you, the LL has to take you to court. You not appearing at court would mean that the LL could get a default judgement in his favor.

Mind you, while the LL is at it, he can throw in all sorts of other things - like alleged damage to the unit. Which, if his presentation is at all plausible sounding, might also be granted, as you are not there to defend yourself.