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Problems with Subletter Giving Notice and Moving Out

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  • 04-20-2013, 12:15 PM
    lherring85
    Problems with Subletter Giving Notice and Moving Out
    My question involves landlord-tenant law in the State of: New York (NYC)

    My boyfriend and I rented out a bedroom in our apartment to a subletter on a month-to-month basis. We didn't have a written contract, only a verbal agreement. It worked out well until recently. He didn't pay for rent for the month of April and hasn't been at the apartment. As of the 15th we emailed him, asking him to pay rent. He told us to just use the security deposit for rent and that he would be moving out this weekend. We told him we were not ok with that because a)we don't feel comfortable using the security deposit for rent since it leaves us with nothing in case of damage and b) he didn't give us the 30 days we asked for. We told him that he had until Saturday at noon to empty his room or it would be donated. That didn't happen. We have someone who wants to move into the space now (and is willing to sign an agreement). I just want to know what our rights are in this situation.

    Extra things to consider:

    My boyfriend and I do not have a written lease with the landlord, but we have lived here for three years. We were grandfathered in my the current tenants and have copies of the original lease.
    The subletter is on probation for assault. We know in NYC tenant law that we can't change the locks, but given his background is there any exception to this if safety is a concern.
  • 04-20-2013, 12:32 PM
    Lehk
    Re: Problems with Subletter Moving Out/Giving Notice
    Quote:

    Quoting lherring85
    View Post
    but given his background is there any exception to this if safety is a concern.


    if he is threatening you or has attacked you get a restraining order, but "he hit someone once" is not going to be grounds for a restraining order
  • 04-20-2013, 12:34 PM
    adjusterjack
    Re: Problems with Subletter Moving Out/Giving Notice
    You people are nuts to rent out a room in your apartment. And after this experience you want to do it again? Yikes.

    Well, anyway, I suggest you read the NY landlord tenant statutes to see what your obligations are in this situation:

    http://codes.lp.findlaw.com/nycode/RPP/7

    http://codes.lp.findlaw.com/nycode/GOB/7/1

    http://www.tenant.net/Rent_Laws/rsc/rsctoc.html

    Unfortunately, NY doesn't appear to have a specific statute about tenant's abandoned personal property so you might have to go to court to get an order giving you back possession and allowing you to dispose of his property.

    Consult an attorney if you can't figure out what to do.

    Oh, one more thing, you can count on stuff like this happening any time you rent a room to somebody who can't afford, or qualify for, his or her own place.
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