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  1. #1
    Join Date
    Jul 2008
    Posts
    2

    Default Sublet Gone Wrong

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

    Hello I found an apartment in the sublet section of a local website. Through email and phone calls, I spoke with both the tenant and the landlord. We agreed to at least a 6 months stay, possibly more.

    The tenant had promised to have all of their personal belongings packed and gone by the time I got there, but I was going to use the furniture for a deposit. I was also to assume the utilities.

    When I showed up on my move date the person was not ready to move, or even packed and took 10 days to vacate. Afterwards, I found out I could not assume the utilities we had agreed upon and had to sign a lease with the landlord to prove that I was now in fact a tenant. The previous tenant up to this point had a verbal month-to-month with the landlord.

    Last month I received a note that the tenant would in fact not be moving back and asked if I would like to purchase the furniture (not sure how much this impacts the situation since I had a written lease).

    This month the tenant wrote to saying they are now returning and also sent a sublet termination notice to me via email.

    I was under the impression at this point that between the note that I had received about the tenant not returning as well as having a written lease that the apartment was now under my possession.

    The landlord under no circumstances wants the tenant to return, and has a lien on the furniture due to money owed by the tenant for a separate issue.

    I believe at this point the tenant has no claim to the apartment, and I am not sure what to do regarding the property.

    Any guidance would be appreciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Sublet Gone Wrong

    The landlord under no circumstances wants the tenant to return, and has a lien on the furniture due to money owed by the tenant for a separate issue.
    This is the landlord's problem. If he does not want the tenant to return, he needs to initiate formal eviction proceedings against the tenant, including serving proper notice. Verbal agreements are binding.

    You are bound by the terms of your written lease and the termination of the sublet. At this point, you have no claim on the apartment.

    You have a complex situation on your hands. It would be in your best interests to consult with an attorney. Initial consultations are usually free.

  3. #3
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Sublet Gone Wrong

    Yes,

    The landlord has now sent an eviction notice to the tenant before me. Much has transpired in between my first posting and this one... and it is very messy. The landlord is speaking with her lawyer about it again today.

    Now that the eviction notice has been served, how is the property supposed to be handled? The landlord does not want it there, but I think it should be kept on the premises at least until the 30 days of the eviction are up.

    Being caught in the middle of these two people is very confusing and messy indeed.

    Thank you.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Sublet Gone Wrong

    I think it should be kept on the premises at least until the 30 days of the eviction are up.

    You're correct. It still belongs to the previous tenant. After the eviction is completed, then it can be treated as abandoned property.

    I wish you luck.

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