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Posted by Mark Smith on August 31, 1999 at 08:42:24:

In Reply to: eviction threat on grounds of non residence posted by Leslie Ross on August 30, 1999 at 22:47:40:

Generally, you can sublet for two years in a four-year period, even if the sublet is beyond the expiration of your lease. You must intend to return to the apartment at the expiration of the sublease. [Real Property Law §226-b]

One of your friend's problems is that she may now be violating the roommate law [Real Property Law §235-f], if she has more than immediate family and one roommate (and the dependent children of that one roommate) living in the apartment.

Did the landlord give written notice to your friend, between 150 and 120 days before her lease expires, that he did not intend to renew because she was not using the apartment as her primary residence?

It looks as if your friend would have been better off subletting originally from September 1998 through no later than August 2000 to avoid these problems. She now has to prove that she's living in the apartment, even though that may violate the roommate law.

:
: A friend of mine legally sub-let her apartment
of 15 yrs(2bdr,rent stabilized) September 1,1998
- April 1,1999, returned for 4 months
: and shared the apartment with her subletters.
: She will shortly be leaving NYC again for up to
nine months with return visits of two or more
months.
: She plans to return definitively next summer.
: When she returned in this past spring she never
changed the status of her sublets to roommates
knowing that they were going to
: continue to stay until her permanent return.
: Her landlord has just contacted her with threat
of eviction on grounds of non residence.
: What is the time limit on sub-lets? Can the
landlord refuse to grant this?
: What measures should she take to show that she
will (and has) been returning with some
frequency.
: What measures should she take to show that she
will be returning definitively.
: She has always been forthright with her
where-abouts with her landlord and it was never
an issue.

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Comments:
: 
: Generally, you can sublet for two years in a four-year period, even if the sublet is beyond the expiration of your lease.  You must intend to return to the apartment at the expiration of the sublease. [Real Property Law §226-b]  

: One of your friend's problems is that she may now be violating the roommate law [Real Property Law §235-f], if she has more than immediate family and one roommate (and the dependent children of that one roommate) living in the apartment.

: Did the landlord give written notice to your friend, between 150 and 120 days before her lease expires, that he did not intend to renew because she was not using the apartment as her primary residence?  

: It looks as if your friend would have been better off subletting originally from September 1998 through no later than August 2000 to avoid these problems.  She now has to prove that she's living in the apartment, even though that may violate the roommate law.

: 
: :
: : A friend of mine legally sub-let her apartment 
: of 15 yrs(2bdr,rent stabilized) September 1,1998 
: - April 1,1999, returned for 4 months 
: : and shared the apartment with her subletters.
: : She will shortly be leaving NYC again for up to 
: nine months with return visits of two or more 
: months.
: : She plans to return definitively next summer.
: : When she returned in this past spring she never 
: changed the status of her sublets to roommates 
: knowing that they were going to 
: : continue to stay until her permanent return.
: : Her landlord has just contacted her with threat 
: of eviction on grounds of non residence.
: : What is the time limit on sub-lets? Can the 
: landlord refuse to grant this?
: : What measures should she take to show that she 
: will (and has) been returning with some 
: frequency.
: : What measures should she take to show that she 
: will be returning definitively.
: : She has always been forthright with her 
: where-abouts with her landlord and it was never 
: an issue.


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