---

Posted by MikeW on September 21, 2000 at 17:25:14:

In Reply to: Renter, lending out apartment while she's away posted by Vickia on September 21, 2000 at 10:12:14:

You have to give her 30 days notice, the notice period coinciding with the rent period (ie if she's supposed to pay rent on the 1st of the month, that's when the notice starts). This can be done by mail, or in other ways that deal with the fact that she isn't locatable. If she refuses to leave at that point, you'd have to file for a holdover proceeding in housing court, and the judge would have to find in your favor before you could have her removed.

: I have a tenant who lives in our two family house in brooklyn, her lease has expired and is now living on month to month. She ocassionaly is gone for long periods of time due to her job. Apparently, she is off on a gig, and has left a guest, not an immediate familly relative, sister, brother, mother,etc to use the apartment while she is gone, she did not inform me of this, and this guest is in and out at all hours of the night and brings over other guests, which apparently has also moved in or using the apartment as their own. I understand that under the lease, my tenant is not allowed sublet to anyone one and only a spouse or family member can have access to the apartment, has she gone against the least, or now in this case, the month to month tenancy? Do I have a right to ask the guest to leave and surrender the key, I have no way of reaching her, only to tell the now guest about her possible breach. Any info would be appreciate, I worried that they could become squaters, and impose a great liability. Owner of non-controlled non-stabalized owner renting out apartment in own home. Thank you.

Follow Ups:

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: You have to give her 30 days notice, the notice period coinciding with the rent period (ie if she's supposed to pay rent on the 1st of the month, that's when the notice starts).  This can be done by mail, or in other ways that deal with the fact that she isn't locatable.  If she refuses to leave at that point, you'd have to file for a holdover proceeding in housing court, and the judge would have to find in your favor before you could have her removed.

: : I have a tenant who lives in our two family house in brooklyn, her lease has expired and is now living on month to month.  She ocassionaly is gone for long periods of time due to her job.  Apparently, she is off on a gig, and has left a guest, not an immediate familly relative, sister, brother, mother,etc to use the apartment while she is gone, she did not inform me of this, and this guest is in and out at all hours of the night and brings over other guests, which apparently has also moved in or using the apartment as their own.  I understand that under the lease, my tenant is not allowed sublet to anyone one and only a spouse or family member can have access to the apartment, has she gone against the least, or now in this case, the month to month tenancy?  Do I have a right to ask the guest to leave and surrender the key, I have no way of reaching her, only to tell the now guest about her possible breach.  Any info would be appreciate, I worried that they could become squaters, and impose a great liability.  Owner of non-controlled non-stabalized owner renting out apartment in own home.  Thank you.


Optional Link URL:  
Link Title:         
Optional Image URL: 

---