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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Evicting a Problematic Subletter

    My question involves landlord-tenant law in the State of: New York.

    My girlfriend and I have a lease in Manhattan that's due to expire at the end of February 2011. As I had to move to Boston in June, my girlfriend subletted the place to a lady without taking a security deposit and having a credit check.

    Although the subletter has paid her rent, it has not been on time. In particular, she has been 15 days late this month. We just called her and she fed us yet another lie about how she is unable to pay rent because there is a 7 day hold on her account. At this point, I am wondering how I can evict her in the easiest way possible.

    The situation is also tricky because we left a substantial amount of furniture and personal belongings in the apartment. We were supposed to recover the personal belongings in August but have not been able to do so for various reasons. Recently, we learned that the subletter moved all of this stuff to a private storage space without our consent. We are afraid to lose it if we evict her.

    As evidence, we have personal testimony from me and my girlfriend, the original lease, bank statements showing late rent payments without late fees and a bounced check. We also have evidence that she has lied to us about where our stuff is, though it is in the form of text messages.

    My questions are:

    - Will a history of chronic late rent be reason enough to evict her?

    - Is it legal for us to kick the subletter out by ending our original lease with the owner?

    - Will I be able to recover the money that she owes us in rent?

    - Is there a feasible way to recover my belongings? Or to put them in hold by the police? (I know where they are being stored)

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Evicting a Problematic Subletter

    The process for evicting a tenant is summarized here. My preferred approach is to always serve a notice to quit for nonpayment if the rent is late, and to file an eviction action if the delinquency is not promptly cured.

    Nobody can promise you that she will pay this month's rent, nor can anybody promise you that if she is evicted that she'll be able to pay any rent she owes.

    If she has moved your stuff to a storage unit without permission, demand that she return it to you immediately. If she refuses, consider filing a police report.

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