Can a tenant evict me if I have a written sublease?

[snowstorm]

Can my roommate force me to leave early if we have a written sublease agreement? The agreement is valid for another 9 months, but does not specify terms under which either of us can end the agreement early. He is the primary tenant and deals exclusively with the landlord.

He recently told me he wants to change the agreement to be month-to-month as a way to "motivate" me to be more proactive in cleaning. The reason for his wanting the change is that the other day I didn't take out the garbage as he asked. He wants to be able to ask me to leave with 30 days notice if in his perception I don't hold up my share of cleaning. I don't agree that I don't do my share of cleaning and don't want to be forced into the upheaval of moving on his whim.

Can he do this? Can I hold him to honoring our sublease agreement for the 9 months specified? He doesn't have any real grounds for eviction - I have always paid my rent and utilities on time, and have never made any problems. On the contrary: he is the one who smokes pot in the apartment all the time and, although I can't prove it, I suspect he's charging me way more than a proportionate share of rent.

I don't care about having to deal with his abrasive personality; I just don't want to move if I have a right to stay. Do I have the right to insist?

[TenantNet]

You say he is the primary tenant, but you imply that both of you have a sublease, either together or separately. This doesn't make sense.

If he's the "primary" tenant, then he would have a lease, not a sublease. You could be a roommate if you don't have a lease or sublease. If that's the case you would be a licensee AKA roommate. Your agreement would be a licensee agreement, not a sublease.

All of this is important as it delineates your legal relationships and rights. So please clarify.

Assuming you are a licensee, your agreement can specify the terms, i.e., length of the agreement. He can seek to evict you for cause, i.e., commence a licensee proceeding in housing court, similar to a holdover (10 days notice for termination). Or like any lease, he can change the terms upon renewal ... or sooner if the agreement allows for that.

You have some rights, but they are limited and less than those a regular tenant might have. He can't evict you without going to court (assuming you've been in occupancy more than 30 days)

If the unit is rent regulated and if he's charging more than 50%, then you might have an overcharge complaint with DHCR to make. The landlord might like to hear about that. (but do your homework before raising that issue).

[snowstorm]

Sorry for the confusion. He is the primary tenant, I don't deal with the landlord. I have never even met the landlord. I didn't mean that he has a sublease agreement, I just meant to say that the written sublease agreement we made was between me and him and didn't involve the landlord. Whatever you call it, do I have a right to insist that he uphold the 9 month agreement since he has absolutely no grounds for eviction other than his whim? Even if he gives me 30 days notice to leave, having to move again is expensive and disruptive.

[MikeW]

If the prime tenant wants to evict you, he'd have to go through housing court like any other landlord. If you have a written sublease, and you haven't violated the terms, it's unlikely the court would grant the eviction, and your prime tenant will be SOL till the sublease agreement is up.

[lofter1]

If you're a roommate it's not a sublease. As TN stated, as a roommate you are a licensee.

Unless there is a clause in the agreement that allows the PT to shorten the lease term then it would seem that the full term stands.

[snowstorm]

Thanks, I've since learned that subtenant has a specific meaning somewhat different than how I was using it. Yes, I am a licensee with a written agreement.