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Sublessee Will Not Vacate at Signed Lease Term End

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Sublessee Will Not Vacate at Signed Lease Term End

Postby NYCRenter6789 » Thu Apr 19, 2018 10:37 pm

Hello, I wasn't able to find anything to help advise me on how to proceed with a tenant (sublessee) that will not vacate on the date the signed sublease term ends.

We have an original lease for a term of 9 months, with a signed addendum stating she has met her financial obligation and will move out on 4/21. She now refuses to vacate on the agreed date. How should I proceed?

I would like to avoid serving her with papers to appear in court, as I do not want to engage in legal proceedings or wait out the time it will take for the court to rule she must vacate. I have a new tenant scheduled to move in on 4/25. Her lack of compliance may deter my new tenant from moving forward with a 6 month lease.

I am the only person on the lease, we have a pretty substantial sublease agreement denoting her as a sublessee. Is she considered trespassing if she enters the property after her lease is up regardless of her belongings being moved out or not?

A few avenues I have thought of-

* move her things out- police called- show signed agreement to vacate- assume they will tell her to take it up with the court and not force me to move her things back in?

* move her things to the backyard of the building or the hallway- technically it is not off the property? she can gather or they will be moved to trash by landlord

* move her things to other room in the apartment, allow new tenant to take her room, change locks, offer her ability to schedule a time to gather her things

Thank you for your time "Tenantnet'ers"
Last edited by NYCRenter6789 on Fri Apr 20, 2018 12:44 am, edited 2 times in total.
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Re: Sublessee Will Not Vacate at Signed Lease Term End

Postby TenantNet » Thu Apr 19, 2018 11:26 pm

When you sublet an apartment, you in essence become a landlord. I know some tenant lawyers won't even take such a case as it could involve evicting someone. But situations like this are problematic for both sides.

Of course the best way is to negotiate, but in the end you might have to go to court. That involves commencing a proceeding, serving papers and making court appearances. And of course in situations like this it's recommended to engage an attorney. You might have to start a special type of proceeding called a licensee proceeding.

You don't say if you are rent regulated, so I'm assuming you are not. But you do say you have a new tenant moving in next week, which implies you are renting this unit out to tenants and acting as a landlord. Not good.

Whatever you do, do not engage in self-help. Her continued presence is not trespassing. Do not move her things out on your own. Get a lawyer and go to court. Otherwise you could be hit with both criminal and civil charges for an illegal eviction. You're choosing to be a landlord, so you have to be careful.
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