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Tenant moved, but subtenant refuses to move and isn't paying rent

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  • 07-26-2006, 08:14 AM
    isope
    Tenant moved, but subtenant refuses to move and isn't paying rent
    Hi. I live in New York and own a 3 family house. A tenant moved out earlier this month and hasn't dealt with two people he rented rooms to. They are still living in the apartment and refuse to move. On top of that, they refuse to pay rent. The only agreement I entered into is an agreement with the tenant that moved. None with his subtenants. Although, I was aware that he was renting out spare rooms and was aware the subtenants existed. I'm not sure if a written agreement exists between the tenant and the subtenants. It might've just been a verbal agreement.

    What can I do legally to kick the subtenants out of my house?

    Thanks for your help.
  • 07-26-2006, 08:20 AM
    aaron
    Re: Tenant moved, but subtenant refuses to move and isn't paying rent
    When you say "New York" do you mean "New York City"? It can make a big difference in the complexity of eviction.
  • 07-26-2006, 08:29 AM
    isope
    Re: Tenant moved, but subtenant refuses to move and isn't paying rent
    Yes. This is in New York City (Queens).

    Thanks.
  • 07-26-2006, 11:01 AM
    aaron
    Re: Tenant moved, but subtenant refuses to move and isn't paying rent
    If the actual tenant moved out at the end of the lease, and these are unofficial subtenants who have no contractual relationship with you and have never paid you rent, you may be able to have them removed as trespassers. However, given your awareness of their presence, it may be necessary to proceed against them as "tenants at sufferance" who also happen to be failing to pay their rent. The general advice I see for New York City is that most landlords benefit from using a lawyer to help them with the City's eviction process. If I were you I would first consult a lawyer to see if I could safely go to the police to seek their being removed as trespassers, without the necessity of formal eviction. If the lawyer indicated "yes" and the police were willing to assist, I would have them removed on that basis. If the lawer answered "no", or the police refused to help despite the attorney's assurance as to the law, I would proceed with serving notice for non-payment and to end the tenancy, followed by eviction proceedings.

    You should note that some tenants are very savvy about eviction law, having been through the process a number of times, and your difficult subtenants may fall into that category.
  • 07-27-2006, 07:42 AM
    isope
    Re: Tenant moved, but subtenant refuses to move and isn't paying rent
    Thanks a lot for your advice.
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