My question involves a roommate in the State of: New York
summary: Our subleassing roommate allows people to stay in her room unattended.
I live in with two other roommates, only me and another roommate is on the lease. We get along fine. After 2 years the non-leased roommate is going abroad for 3 months, intending to come back, she decides to sublease the room. That's fine. We all interview and approve a single person, Fran. The person pays for 3 months and the deposit upfront. I'd like to point out, that the sublease agreement was only signed by the non-leased roommate and Fran. The other roommate and I, who are on the lease did not sign anything.
This person is never at home, but always traveling a week at a time, which is totally fine. One day, while away, the Fran emails us if a friend can stay over, while she's away. We respond "no". We hardly know the Fran, much less the friend. However, against our wishes, this friend stays over one night in our apt when she lets her in (but stays somewhere else that night). We're befuddled by Fran's blatant disregard for our wishes.
Couple of weeks later, we come home to find another stranger in our apartment. She says Fran gave her the key, and she'll be staying for the week, while Fran is out of town.
I email Fran and say this is unacceptable. We're not a hotel and you need to tell your friend to leave. The next day, the friend leaves. But she refuses to return the key, saying that Fran gave it to her, not me. She also says that the sublease doesn't forbid friends from staying over. I'm not sure why I'm arguing with her, but Fran doesn't reply by email.
Is this true? If the sublease doesn't explicitly forbid friends from staying over and the giving key, that our hands are tied? Because we don't know just how many people have our key or if it's copied, can we change the lock at the expense of Fran's deposit after her sublease ends? We haven't bothered evicting Fran yet, but there are no plans to. If Fran decides to leave and break lease, do we need to give her the remainder of the rent that she prepaid?