Notice to cure - sublet eviction

[admlevy]

Please help! My landlord said he is going to purse legal action because he believes a friend staying with me was an illegal sublettor. He sent me a regular letter stating my friend had to move out in 10 days.
1) Does this count as an official "notice to cure", or will I receive that from a lawyer? I told them my friend was leaving in 2-3 weeks anyway at the end of May. 2)If my friend stays past 10 days, do I lose the opportunity to cure? Do I get 10 days to cure from the date I received the letter, or from when they sent the letter? I am worried because my lease is up in June and they may use this as grounds to refuse to renew my lease. I am rent stabilized and if they would love to raise the rent if I leave. Thanks!

[mjr203]

are you living in the apartment ("staying with you?")

if so, he is a roommate not a sublease and RS tenants (and all tenants) are entitled to a roommate. Check out the DHCR and Attorney General site for more information.

if my understanding is correct, the LL has no basis for serving any papers, or curing anything.

Is your rent up to date?

It is pretty hard to end an RS tenancy if you are aware of your rights. If your lease is up in june you should have already received a renewal lease offer from the Landlord by law (90 days ahead of lease expiration) and should have returned it by now surely?

good luck

[Cranky Tenant]

If your friend is only staying with you, and not paying rent, he's not even a roomate - he's a guest.

Tenants, stabilized or not certainly have the right to have guests, whether your LL likes it or not.

<small>[ May 09, 2003, 03:57 PM: Message edited by: Cranky Tenant ]</small>

[jot0n0]

At what time does this "guest" stay turn into a legal occupancy? As a recall from a prior posting on this board, a tenant’s boyfriend who doesn’t pay rent, but lived with her for over 30 days was entitled to the same legal protection from eviction as month-to-month tenant and to remove him from the premises require eviction proceedings in court. So after 30 days your guest would be a non-paying roommate, but is legal for him to say in the apt since RS lease allow for a roommate. But this may backfire on you later if your ask him to leave and he refuses.

Reference: http://www.tenant.net/.WWW/ubbgraphics/ultimatebb.php?ubb=get_topic;f=1;t=000451

<small>[ May 09, 2003, 04:35 PM: Message edited by: John ]</small>

[Cranky Tenant]

John - Major difference is, in that post the problem was with the boyfriend who refused to move, while atomb3's problem is with his LL and hasn't indicated the guest intends to stay any longer than he or she is welcome.

Whether this person is a roomate or a guest, as long as atomb3 is living in the apartment it's not a sublet so there really isn't anything to "cure."

atomb3 - Probably the best solution would be to send a letter to the LL certified mail explaining that you still live in the apartment, Keep a copy for your records in case your LL decides to push this any further.

[admlevy]

Thanks to everyone for their help.

Pointerout—yes my rent is up to date, but unwisely I am just returning my lease renewal now. I have been there 10 years so as long as I returned it in May, it was fine with the LL, but that may hurt me now.

I had been living with my friend in the apt., but for the past 2 months I was working outside of NY and not there. I do intend to come back, but my assignment is not up until the end of May, possibly end of June. My friend just paid utilities previously, but for the past 2 months did pay the rent while I was not there. My friend can say that they were just staying with me, but the super has been very nosy and knows I was away, but it’s his word against mine.

If anyone has more detail in responding to the notice to cure in this case, or what counts as an “official” notice to cure, I would really appreciate it.Thanks.

<small>[ May 12, 2003, 09:35 AM: Message edited by: atomb3 ]</small>

[Cranky Tenant]

Allowing your friend to pay the rent is probably what sent up the red flag. Rent Stabilized tenants can have roomates but the tenant should always pay the rent.