Results 1 to 3 of 3
  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Default Turning an Illegal Sublet into Legal - What are the Risks

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

    Hi-

    I'm illegally subletting an apartment; the person I'm subletting from is not profiting from the situation. The landlord just re-upped the lease, but is suspicious b/c the previous sublettor ratted out the lease-holder due to a dispute over the security deposit. Fortunately the lease-holder had a good relationship with the landlords and had covered her tracks in terms of bills etc., and so and got away with it. This was maybe 8 months ago.

    However the leaseholder has learned from the super that the landlords are suspicious. As a result, she wants to formally request to her landlord that she legally sublet the apartment. On the one hand I don't want the extra 10% rent increase. On the other hand, I don't want to get evicted.

    My question is this: do you think that a formal request to sublet the apartment after the landlords have been suspicious is in anyway a mistake? Could it in anyway exacerbate the situation? Could they say "no" b/c they already don't believe its her primary residence?

    The leaseholder is anxious to get the ball moving on the formal sublease, so I'd love to get an answer quickly.


    Thanks!



    Adam

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Turning an Illegal Sublet into Legal - Risks

    If the lease permits sublets, a sublease should be granted to a reasonably suitable subtenant.

    Whether the landlord will react to the belief or knowledge that his tenant is a liar, and what that reaction might be? Your guess is as good as mine.

  3. #3
    Join Date
    Apr 2010
    Location
    Denver, Colorado
    Posts
    6

    Default Re: Turning an Illegal Sublet into Legal - Risks

    Well, if there is a sublet clause in the contract, usually it leaves the full approval up to the landlord... you should go through the paperwork thoroughly because honestly, most of the addendums and lease contracts are ultimately to protect the landlord (with options of enforcement, etc.). BUT, it also gives you an itemized list of what you can expect in return as far as services, products, policies etc. which also benefit you.

    I have been in property management for some time now, and depending on the situation... I would approve a sublet as long as the full application was processed and credit/criminal was ok.

    I didn't understand the 10% increase you mentioned... if the lease was recently renewed and executed, it usually wouldn't have an increase clause. You could opt to be placed onto the lease as a "roommate" but still a lease holding tenant. Later, you can process a "roommate release" request. As long as financially you qualify (don't know about your state but in Colorado it's 2.75 x the monthly rent)... there shouldn't be a problem getting your name on and your subletter off.

    1. Sponsored Links
       

Similar Threads

  1. Subleases: Breaking a Lease for an Illegal Sublet
    By PWK87 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 11-10-2009, 04:21 PM
  2. Unlawful Entry: Risks of Marrying an Illegal Immigrant
    By southcarolinablue in forum Immigration Issues
    Replies: 1
    Last Post: 01-21-2009, 10:26 PM
  3. Subleases: Illegal Sublet Situation
    By need good advice in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-22-2008, 02:04 AM
  4. Subleases: Illegal Sublet
    By narnett in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-02-2008, 05:49 AM
  5. Retail Fraud / Shoplifting: Are There Legal Risks From Use of Coupons
    By Plants05 in forum Criminal Charges
    Replies: 4
    Last Post: 10-15-2006, 08:52 PM
 
 
Sponsored Links

Legal Help, Information and Resources