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  1. #1
    Join Date
    May 2011
    Posts
    1

    Unhappy Eviction Laws for a One Month Tenancy

    My question involves an eviction in the state of: New York City
    Hi,
    I had a verbal agreement to stay for the month of May 2011 and I paid the rent for one month in full. Now my roommate found someone who wants to move-in and sign a longer term lease so she says I have to leave in 2 days (by May 20th). If I don't move can she evict me? Are there any laws for subtenants staying less than 30 days? I have the rent check, bank statements and mail to this address.
    -CV

  2. #2
    Join Date
    May 2011
    Posts
    68

    Default Re: Sublet Laws on One Month Stay

    Quote Quoting blueskin
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    My question involves an eviction in the state of: New York City
    Hi,
    I had a verbal agreement to stay for the month of May 2011 and I paid the rent for one month in full. Now my roommate found someone who wants to move-in and sign a longer term lease so she says I have to leave in 2 days (by May 20th). If I don't move can she evict me? Are there any laws for subtenants staying less than 30 days? I have the rent check, bank statements and mail to this address.
    -CV
    You don't say whether or not your sublet is recognized by the Lessee's Landlord. I would imagine not.

    Here's the fair news. Your Subletter may have violated his lease making him subject to eviction by the LL.

    Here's the bad news. If your Subletter claims you are trespassing, you could be arrested.

    Best answer? Move ASAP to a place where you can sign a written, legal agreement that allows and accepts your subletting.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sublet Laws on One Month Stay

    Quote Quoting SimplyTheBest
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    Here's the fair news. Your Subletter may have violated his lease making him subject to eviction by the LL.

    Here's the bad news. If your Subletter claims you are trespassing, you could be arrested.
    As I just explained in another thread, no, even if we assume a sublease is not authorized the violation of a lease term between the master tenant and his landlord does not make the subtenant a trespasser. Also, absent some reason to believe that the subtenancy is improper, it's rash to assume that it is.

    There's no law that allows a landlord to avoid the full application of landlord-tenant law based upon a short-term tenancy. Also, the courts don't work that fast - when things go smoothly for the landlord, the eviction process takes two to six weeks.

    What compensation is your landlord willing to offer to you if you agree to move early?

  4. #4
    Join Date
    Jan 2011
    Location
    California
    Posts
    90

    Default Re: Sublet Laws on One Month Stay

    The above is correct. I don't know about in NY specifically, but in CA a landlord must give the tenant notice of termination the same number of days in advance as there are between rent payments (if it's a month-to-month, as it sounds like you have, then the landlord must give 30 days notice before he can terminate the agreement and evict the tenant assuming the tenant sticks around past that). However, in some situations there are exceptions for landlords who are renting out a single room of their owner-occupied house, so what we need to know is if your roommate is the property owner (making you a primary tenant) or if she herself is also a renter (thus making you a subtenant).

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