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As a subtenant, do I have to allow access to the prime tenant to show prospective new subtenants?
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I am a subtenant in NY who has signed a sublease agreement (although I am pretty sure it is not valid bc the owner doesn't know). Prime tenant has received rent money in full. Although I am happy to allow people to see the apartment before my lease is up, The prime tenant insists the apartment look the way he desires and that I cannot have my stuff (computer, etc) because it creates clutter. Am I obligated to even allow him in (emergencies not withstanding) or arrange the apartment per his wishes? I feel like I have the right to keep my personal belongings with me, whether they are boxes or even furniture as long as I am not damaging the existing space or furniture.
What do the terms of the sublease stipulate?
What are your tenant's additional obligations, responsibilities, and rights as a rent-stabilized tenant when subletting?
If you are in a rent stabilized apartment, the tenants have additional rules to follow and additional rights:
They cannot charge a subtenant more than their current rent unless the apartment is furnished during the sublet. If furnished, they can add a 10% surcharge. The landlord can collect a surcharge equal to the sublet allowance (this is set by the Rent Guideline Board each year in June) if there is one, for the length of the sublet only.
They must maintain the apartment as their primary residence at all times, including the time of the sublet. In their letter requesting permission from the landlord, they should state this and that they intend to return to the apartment at the end of the sublet. To prove primary residence status, they should pay New York City resident income tax and list the apartment as their residence on any driver's license, insurance, car registrations, voting records, or other things that ask for residency information. If they fail to maintain the apartment as their primary residence, they open themself to the threat of eviction.
They have the right to a renewal lease, and if theirr building undergoes conversion to condominium or cooperative ownership, they have the rights of a resident
The law limits their sublet to two years, including the term of the proposed sublease, out of the four year period preceding the termination date of the proposed sublease. The landlord can grant you a longer term, but the law allows him to refuse if they ask.
The term of the sublease can go beyond their current lease, and becomes subject to the terms of their renewal lease. For example, if they sublet for two years, but the lease expires and is renewed in the middle, they can pass on any rent increases to the subtenant.
If they overcharge the subtenant, the subtenant can use the law protecting rent stabilized tenants against overcharges. The subtenant might win damages of three times the overcharge, attorney's fees, and interest on the overcharge.
Dear Brooklyn Subtenant:
You are not obliged to perform any act or behave in any manner not specifically stated in the written sublease agreement. If the tenant did not write a lease that compelled you to show the apartment in the manner you described, then you are not obliged ti comply with the demands for neatness or presentation. You may have no need to allow the tenant to show the apartment to a prospective sequential subtenant. As you pointed out, the landlord did not consent to the subletting of the apartment, so you have that edge over the tenant. As pointed out to you by Mr. Johnson, if the apartment is rent regulated the tenant has no right to sublease without the landlord's consent and in any case not for more than two years of out any four year period.