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Posted by MikeW on June 14, 2001 at 16:24:45:

In Reply to: Re: Depends on the situation... posted by Michael on June 14, 2001 at 13:34:44:

If the LL allows the sublet, the prime tenant can sublet for 2 out of 4 years. If the go out there for two years, and decide not come back, he can move to evict them (in which case you get 86ed). That is really the only exposure (essentially nothing for them, you would be out on the street eventually). If that setup is okay for you, have them try to get approval.

The LL cannot 'unreasonably' withhold approval (unreasonableness being whatever a Housing Court judge might think it is), but he can probably make it tough if he wants to.

: Unfortunately I am not the tenant, but the possible sublessee. The tenants are moving to Seattle (from NYC) and are not sure if they are going to move back to NYC or not, but they MAY, and I do not know how to demonstrate this. Furthermore, I do not know whether or not there is a penalty if the tenants say that they may move back, but never do.

: Any thoughts?

: : Why is the tenant (you?) going to sublet? Let's say it's a temporary work transfer (Ie. your employer is sending you to Europe for a year). You could probably get a letter from your employer stating such, and that you will be returned to your original job after the year. Maybe, you're a musician/performer going on tour, you could get a letter from the promoter/manager/whoever.

: : : In order for a prime tenant to sublet a rent stabilized apt. the prime tenant must demonstate that their absence will be temporary and that they intend to return. How does one go about proving that the "absence will be temporary" and that there is "intent to return"?

: : : Any responses would be much appreciated. Thank you in acvance.

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Comments:
: If the LL allows the sublet, the prime tenant can sublet for 2 out of 4 years.  If the go out there for two years, and decide not come back, he can move to evict them (in which case you get 86ed).  That is really the only exposure (essentially nothing for them, you would be out on the street eventually).  If that setup is okay for you, have them try to get approval.

: The LL cannot 'unreasonably' withhold approval (unreasonableness being whatever a Housing Court judge might think it is), but he can probably make it tough if he wants to.

: : Unfortunately I am not the tenant, but the possible sublessee.  The tenants are moving to Seattle (from NYC) and are not sure if they are going to move back to NYC or not, but they MAY, and I do not know how to demonstrate this.  Furthermore, I do not know whether or not there is a penalty if the tenants say that they may move back, but never do.

: : Any thoughts?

: : : Why is the tenant (you?) going to sublet?  Let's say it's a temporary work transfer (Ie. your employer is sending you to Europe for a year).  You could probably get a letter from your employer stating such, and that you will be returned to your original job after the year.  Maybe, you're a musician/performer going on tour, you could get a letter from the promoter/manager/whoever.  

: : : : In order for a prime tenant to sublet a rent stabilized apt. the prime tenant must demonstate that their absence will be temporary and that they intend to return.  How does one go about proving that the "absence will be temporary" and that there is "intent to return"? 

: : : : Any responses would be much appreciated.  Thank you in acvance.


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