Illegal Subletting

Posted by Steamy Kurrin 
Eric
Re: Illegal Subletting
January 07, 2012 10:27PM
"Illegal" can mean so many things. From your description, I'm guessing that your roommate is not the legal lessor of this apartment (this rests on how long he lived with his grandmother before she moved out), so he's an illegal tenant and the owner can kick him out. Your legal status derives from his, so you're also illegal.

I'm not clear on what kind of "illegals" with which the landlord wishes to replace you. People other than the person on the lease, like you? Short-term tenants in a building where such leases are not allowed?

In any event, "I think he's going to replace me with someone just as illegal as me" isn't much of an argument, particularly because he might not.
Re: Illegal Subletting
January 17, 2012 09:54PM
Please be very careful in regards to this move. I also ran into the same exact situation on craig's list and it was a complete scame. They gave me a web site link showing the delivery service that they would use to transfer my funds and and keys to me after I paid for the rent. This person completely scammed me out of $3000.00. This was obviously my fault for not furthering my investigations. You should be able to speak face to face with any renter..
Re: Illegal Subletting
February 06, 2012 02:41PM
If you do not have the permission and consent of landlord to sublet, it does not matter that he has accepted rent from you for 6 months. He can evict you as a holdover. Without a lease, you do not have legal protection to stay. I suggest trying to negotiate with the landlord. If you have been a good payer, he may be willing to let you stay.

[www.jlwlawoffices.com]



Edited 1 time(s). Last edit at 02/06/2012 10:47PM by askanewyorker.
sandy
Re: Illegal Subletting
February 10, 2012 12:30AM
so I have been subletting an apt here in Nyc for about 6yrs. When the original renter left she said she informed the landlord informally that I would be taking over. On feb 1st my landlord's realtor shows up at my door stating the landlord does not want to renew the lease and I have until Feb 29 (when the lease expires) to leave the apt because I am subletting illegally.

Although I'm not on the lease don't I have squatters rights? Also how can they give me less than 30days to move out. I still have not received one thing in writing. The realtor has inquired about Feb's rent but I'm not paying until I figure out my rights, if any. Please help and advise.

Thanks!
Re: Illegal Subletting
February 24, 2012 08:48PM
A young friend of mine is subletting an apartment. She has now learned that the sublet is illegal. She and two roommates have each been paying $750/month; they now know that the individual who is subletting to them pays less than 1/3 of what she is collecting to her landlord. They know this because the landlord has just been served with a notice of petition-non payment. I have several questions:

1. Do my young friend and her roommates need to worry about being tossed out of the apartment immediately? Or will this take some time.

2. Is there anything to be gained by calling the landlord and offering to cooperate?

3. Do they have a claim against the person from whom they've been leasing if she doesn't return their "security deposit."

Thanks.
Re: Illegal Subletting
April 03, 2012 06:43PM
On March 1, 2012 I paid $960 ($480 1mos + $480 sec. dep.) to secure a room for rent. On April 1, 2012 I attempted to pay $480 for the current month rent. However, a representative of the landlord was present and informed me that the tenant of the home are not allowed to sublet since they have received notice of change of owners in November 2011 and January 2012. They also received a 30-day notice to vacate the property so the owner can move in. I asked and received my $480 back for April. Legally, do I have rights to received my original $960?
Re: Illegal Subletting
April 04, 2012 06:13PM
People frequently ask, "what are the odds" of this happening?
W are lawyers not odds makers.

There is no gov't agency that polices illegal sublets. They rely on the landlord reportingthese incident. If a super or agent of the landlord finds out about a sublet they may report it. So the odds depend on who is likely to find out about the sublet.

If you are only there for a short time, you will probably be gone before a Court date. So, don't worry too much about this.
Subletting laws
April 16, 2012 06:26PM
I signed a lease with my roommate six months ago. I have my landlord's consent to a sublet. My quesiton is, does my roommate need to approve said subleasee or is the person only subject to my approval since he's taking over my part of the lease?
Re: Illegal Subletting
April 18, 2012 10:56PM
Is it legal to rent a room in a 1 bedroom apartment located in a project building ?
Re: Illegal Subletting
April 18, 2012 11:43PM
Before subleasing a place, how can I find out if the Tenant of that specific apartment has a lawsuit in the Housing Court ? If she/ he declines to show me the Rental Agreement / Lease Contract with the Management Co. or the Landlord, how can I find out WHO is the real tenant at the present time ? By checking out the address of the apartment is it possible to find out who exactly the primary tenant is and if he or she has a lawsuit going on or not ? Thank you !
I got kicked out of an apartment I rented in NYC for a month through the Airbnb network. Apparently, the co-op owner illegally subletted to us, without consulting the building board. Why doesn't a big business like Airbnb ask their hosts if they have a legal right to sublet, for the protection of their guests...and themselves? We got screwed, had to fly back home to France 2 weeks before our vacatiob was supposed to end, and no one wants to take responsibilty. How do they get away with this?
Re: Illegal Subletting
May 24, 2012 04:17PM
Moving, and I'd like to sublease to a friend, but he'd rather not pay the 15% increase a legal sublet would require (if the LL even agreed).
Aside from getting liability insurance, and a deposit, what other steps should I take?
Am I only at risk of losing the apt, or can the LL sue for the additional 15% retroactively from the point (they can prove) I moved?
I am thinking of asking the friend to escrow that additional 15%.
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