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does legal tenant have right to inspect subtenant apt?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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does legal tenant have right to inspect subtenant apt?

Postby zn210 » Wed Jun 18, 2003 3:18 pm

I am legally subletting my apartment. I recently asked my subtenant to give me and/or the landlord access to the apartment for inspection and measurements. She refused.
Then I gave her one week notice to enter the apt. (next thursday). She refused again.

There is no lease between us.

Do I/landlord have any rights here at all?
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Re: does legal tenant have right to inspect subtenant apt?

Postby Phil Cohen » Wed Jun 18, 2003 4:11 pm

My take on this (strictly as a nonlawyer) is that you have the situation reversed--it is not whether YOU have any rights but rather whether SHE has any rights! You are the tenant and have an absolute right to enter your apartment. While you probably couldn't just chuck her out on the street, it seems to me that you definitely have a right to be in your own apartment.
Is there some other dynamic here? Seems odd she wouldn't want you in the apt.
Keep in mind that I am a tenant. Not a lawyer!!!!!
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Re: does legal tenant have right to inspect subtenant apt?

Postby zn210 » Wed Jun 18, 2003 6:10 pm

Yes, it does seem odd. I think she is hiding something.

BACK STORY:The subtenant wants to stay another year, I won't allow it because I am moving back in. Entrance to the apt is needed to inspect the condition of the apartment and for measurements. She is irritated because she has to move out and I have strong suspicion that she lied on her application; has been jobless for months and doesn't have a good enough credit history to support a lease in her own name. This is why she is being uncooperative.
I probably will have to evict her when the year is up.
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Re: does legal tenant have right to inspect subtenant apt?

Postby Cranky Tenant » Wed Jun 18, 2003 9:51 pm

I'd imagine you have the same rights with a sublettor that a landlord would normally have with a tenant . As long as you give her reasonable notice I doubt she can legally refuse to let you inspect the apartment.
I'm a cranky tenant NOT a cranky lawyer.
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Re: does legal tenant have right to inspect subtenant apt?

Postby zn210 » Wed Jun 18, 2003 10:03 pm

Logically,I would like to believe I have the same rights as a landlord. This makes sense to me. But Thanks, I am not sure how much of a legal right it is. Now it looks like it is necessary to enforce this and I don't know where I stand in regard to the law.
The subtenant utterly refuses to comply and has threatened to call the police if I show up next week to request entrance. She wants to keep my apartment, there is no doubt about it--she is being deliberately difficult.

Does anybody know my legal rights regarding this situation?
zn210
 
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Re: does legal tenant have right to inspect subtenant apt?

Postby Chimera » Thu Jun 19, 2003 4:06 am

You absolutely have a right to enter your apartment as long as you give reasonable notice. The enforcement of this right is a different story. The only option I see is taking her to court to force the issue, but I can't see any repurcussions for her except maybe eviction. Does anyone know if refusing inspection is even grounds for eviction?
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