Rights of a Subletter

[JaneB82]

If you sublet an apartment from a short term rental agency (they rent, then sublet) and you have done so for 2 years, renewing the lease periodically, what are your rights if they go back on the lease agreement. I've rented this particular apartment for 5 months now and have renewed monthly as of May (as I did not know how long I'd be staying). I signed the lease, emailed it to them and it was fine. This last time, I renewed again at the beginning of June for a departure date in August. This would have been my last renewal. I signed and sent it and was told everything was a go.

Almost 3 weeks later, they informed me by email that I would be leaving in July instead, 2 weeks from now. Apparently the lease was never co-signed, but no one told me until 3 weeks later. It's not because of me or anything to do with me, they say. It's because they rented it to someone else.

July is an impossible month to find another place in NYC. The manager says he will do his best to find me something else, but if he doesn't I have no place to go until August.

This is disastrous for me. What should I do? (I have a dog also).

[TenantNet]

Is this rented as a hotel, or for a corporate short-term rental arrangement? If you can please send me the name and website (if any) of the company by private mail. Don't post it here.

What is the nature of the lease? Can you send it by private mail, or by regular email to tenant - at - tenant.net.

Is the unit rent stabilized - if you know. How many units in the building? How old is the building? Is the building a coop?

How long have you been there? More than 30 days? Is it re-rented every month? Is this a regular residential building with other long-term tenants?

[JaneB82]

When I first rented from them 2 years ago they rented apartments and then sublet them for any amount of time. Then they changed and I had to send my rent check directly to the landlord, and a management fee to them. So I don't know, I think they now just act as agents for the landlords. They only seem to rent one month minimum now.

It's a residential building with long term tenants, that's all I know about it.

I have been in this building 5 months, with lease extensions sent to me upon request, which I signed and sent back and they co-signed. This time, same as usual, they told me they recieved my lease extension and everything was fine, but 3 weeks later I'm told, no lease renewal and I have to leave in 2 weeks because they rented it to someone else.

They are trying to find another apartment for me, but I will have to pay a price way beyond my budget.

Citywide Housing Task Force told me that they are required to give me 30 days notice.

But this company says since the lease wasn't signed by them, all bets are off. Yet they gave me a verbal agreement 3 weeks ago when they receieved my signed lease extension. This leaves me with no place to go (July is impossible) or having to pay much more.

[TenantNet]

I can't really speak to the rental arrangement, but it does sound VERY bogus. And it might be illegal. You might even be in a unit that should be under rent stabilization; you need to do more research to determine that.

But if you are considered a month-to-month tenant, you are indeed entitled to 30 days notice, and that's written notice (I don't think emails count). If you were to get written notice today, it would not be effective until August 1st. That's a legal requirement no matter if you have a lease or not.

After that, they would need to commence a proceeding in Housing Court. They can't just change the locks. (See the section on illegal evictions if you think they will change the locks or take action on their own without a court order). There are pros and cons to court, so that's a different discussion. But you can get more time in court, especially if you have good grounds to claim RS status. (you can also file with DHCR, but I'd get a rent history ASAP).

Even if they promise you another unit, I would not accept something that's substantially higher in price. This all seems like a scam. They can always find another place for the person they claim will rent your unit.

They will scream and try to intimidate you, but I would hold your ground. However, remember, that absent some claim of RS status, they will eventually get you out. So while asserting your rights, you can also negotiate.

[JaneB82]

Thank you.

I have a copy of the lease extension in question, which was sent to me by the company. I signed it and was told it was a done deal. Then they said (3 weeks later) that it wasn't cosigned, and the place is rented, and I had 2 weeks to move out. Who knows what happened.

Now I've been given an application for an apartment which costs quite a bit more, plus a security deposit, plus a full application (as opposed to just a lease).

I would tell them to give me 30 days written notice, but I need to be absolutely sure of my legal rights here before I do. I've tried to contact a lawyer, but I have not yet had a return call. I'm not even sure if it is worth the possibles hassles that might result from this. I don't know what actions might ensue, so to speak.

[TenantNet]

First, you aren't even dealing with the real LL from your descriptions. So it's hard to say that these "leases" are legit or enforceable.

In the forum reference section, read the posts on illegal eviction, and on month-to-month tenants and notice.

I would not tell them to give you 30 days notice. They are supposed to know (they probably do). But let them make the mistake. If they don't give you a notice until after July 1, it won't take effect until the end of August.

Have you gotten a history from DHCR? If you file a lease complaint with DHCR, you might be entitled to a regular rent stab lease. That depends on many factors, but I don't think a court would evict you while the case is pending.

As I said, this operation appears bogus. Can you send me the detailed information by email to tenant - at - tenant.net or by private mail?

[JaneB82]

I am told by the rental company that this rental has been a month to month tenancy with 30 day evacuation clause in the lease, and therefore no 30 days notice is required.

I have also been told that of I do ask for this I will have to go to court and I will have to pay all the expenses incurred when the landlord has to put the prospective tenants in a hotel.

[TenantNet]

Read my last post again. It's the law. On a M2M tenancy, in NYC, the LL must give 30 days written notice. We have been over this requirement on this forum time, and time, and time again.

In some cases there are lease provisions that the prevailing party in a law suit can seek attorney fees from the losing party. That takes a court order, the LL winning the trial and depends on the provisions in your lease. (And most cases never get to trial.) As for paying the hotel bills ... they are just trying to scare you. And it appears you are falling for it.

Don't believe us? Go speak to a lawyer.