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  1. #1

    Default Subtenant's Rights when Tenant is Evicted for Nonpayment

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

    We have been subleasing our apt for over a year. We only have a verbal agreement with the lease holder, who doesn't reside here. He has been defaulting on his payments and has now been served with an eviction order. The rent demands and court orders have been getting sent to our apt under his name. We have been trying to call him for days but have received no reply. Very unsure of what our rights are, if any, and what course of action we should take. In an ideal world we would like to just take over his lease but the apt is rent controlled and we understand that owner might just use this as an opportunity to evict us and raise the rent.

    Please help.

    Many Thanks

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

    Default Re: Subleaser Hasn't Paid Rent. Eviction Order Sent to Apt

    As the subtenant, your rights are minimal to non-existent in this situation.

    If the prime tenant is evicted, the apartment becomes legally vacant. The landlord is under no obligation to continue to allow you to live there under rent controlled circumstances.

    Since the process has already gone so far as to have court notices sent, it would be in your bets interests to contact the landlord immediately to see if you can work out a favorable arrangement in the event that the prime tenant is evicted.

  3. #3
    Join Date
    May 2010
    Posts
    8

    Default Re: Subtenant's Rights when Tenant is Evicted for Nonpayment

    @LawResearcherMissy: You just told me in my recent post that even if my lease expired and I vacate the apartment, I would be responsible for evicting my subtenant roommate who refuses to leave.

    But here you claim that the apartment would become legally vacant and the landlord is under no obligation to continue to allow a subtenant to live there. Is that only if a primary tenant is evicted, or what if the primary tenant terminates the lease and vacates the premises?

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