Good afternoon,
My brother and I recently moved to a new apartment in April. Every summer, we take 2 one-week vacations back home for a family reunion at the beginning and end of the summer. I've been in Brooklyn 5 years at the same place before this move, and after my first year of back and forths, my previous landlord informed me that 7 days was not an "extended absence" by New York law and that I did not need to notify him every time.
Because this is a new place we're staying at, my brother and I asked a longtime friend (15+ year friendship) to stay over and water our plants and accept our mail packages, etc for the six days while both my brother and I were out. Per our understanding, she classified as an Occupant under Real Property Law 235-f which we agreed to abide by in our rental agreement. We did not charge her for this service, so she was not subletting.
Upon finding her taking out the trash, my landlord called to say that we were in breach of 1) the lease articles stating that we needed to inform her of an extended absence and 2) the occupancy clause (as mentioned RPP 235-f). She wants us out in 60 days.
We just got back in town and will be meeting with her in person this Friday. We are putting together our case. Is there anything we are missing?