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  1. #1

    Default How to Evict a Subletter

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


    I have held the lease to my apt. in NYC for five years. I travel a lot, and sublet my rooms all the time. One of my subletters has been there a year, is always late with the rent, has burned through their security deposit, and now has started to shave money off their rent (without my OK)... I think they even have drugs there, which is a strict NO-NO.

    I would like to get rid of this person ASAP. Because of their minimized rent payment, breaking it down to days, they are paid up through the third week in the month.

    I told them to get out on (x) day, and they said NO.

    This is creating tension with my other subletter, who is being terrorized by this person. What can I do? Cut my trip short and throw her out myself?

    This person is month-to-month, doesn't pay the bills (I do) and knows I have had enough.

    Please help!

  2. #2
    Join Date
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    Default Re: Leaseholder in NYC Needs to Evict Subletter Asap

    This person is month-to-month, doesn't pay the bills (I do) and knows I have had enough
    Give him/her 30 days written notice to vacate, then initiate formal eviction proceedings if they don't leave.

    It's too late to get your bad tenant out by November 1 - you have to issue the notice 30 days before the expiration of the current term, and we're already 7 days in. On (or a few days before) October 31, serve him/her with the notice to be out by December 1.

    MONTH-TO-MONTH TENANTS

    Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)

    A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.

    The termination notice need not specify why the landlord seeks possession of the apartment, only that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. Real Property Law § 232-a and § 232-b.

    http://www.housingnyc.com/html/resou...enguide.html#3

  3. #3

    Default Re: How to Evict a Subletter

    Thank you for your advice! I really appreciate having a course of action in all this.

    BB

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