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Can I evict my subletter?
Anonymous7 views3 answers
I signed a lease in April with one of my roommates in April. Our lease states that subletters are not permitted. However according to NYS law, Landlords of buildings with 4 or more units are not allowed to ban subletting. Legally, tenants need to get management permission and sign a sublease with a subletter, which regrettably we never did. This subletter has been living here for 6 months and paying rent and so I have read that I need to give 30 days notice in order to evict her. Am I able to evict her, seeing as we have no legal contact and I technically breached the lease agreement?
Dear Brooklyn Tenant:
Do you still live in the apartment, or did you move out and leave the roommate alone?
If you are also in the apartment the subtenant is still your roommate. You do not have a subtenant unless the roommate is alone in the apartment.
A tenant is allowed a roommate in NYC and does not require permission from the landlord. In fact, the landlord cannot prohibit a roommate.
If you did sublease without permission you will likely require an attorney. You could learn more about the holdover summary proceeding and termination of a month to month tenancy online at the NYC Housing Court.
The fact that you might have breached your own lease agreement is likely not a basis to evict your subtenant, who it seems is paying rent and complying with her obligations under the sublease.
What a mess. Based on the dialogue between Mr. Smollens and you, I'd say your best bet is to move out, since you don't like the "roommate" and your co-tenant is unwilling to join you in an eviction. Either way, you'll definitely need to involve an attorney, since your parents are on the hook for your obligations under that lease. Good luck!!
