As a landlord, you want to do right by your tenant but also need to protect your investment. You pay for the property that your tenant is living in, and you’ve done your due diligence to make sure the tenant is respectful of your space.
Did you know that many New Yorkers have the right to sublease their apartments? They should always talk to you first or only do so once you have a clause in your leasing contract to allow it, though.
What can you do if you find out that your tenant is subleasing the space without your knowledge?
If you find out that your tenant is subleasing the space but didn’t ask you or inform you, then you should consider talking to them and the person subletting the space to determine if you would like to allow it on your terms.
Your tenant technically broke the law by not making a request to you in writing, but that doesn’t necessarily mean that you will benefit from evicting the person who is subleasing the space or evicting your tenant for breaching the leasing contract.
Instead, consider seeking the correct documentation and deciding if you would have denied or accepted the sublease had you known about it sooner. It may be that your tenant was confused about roommate laws or requirements and thought that this sublease would be allowed temporarily without informing you.
What should you do if you do not want to approve the sublease?
You may need to go through the eviction process if you don’t agree with the other party subleasing the space. If damage has been done, your original tenant should be responsible for that damage, or you may want to take it out of their deposit on the home.
This can be a tricky area of law, so it is worth talking to your tenant to see if you can come up with a reasonable resolution before turning to other options. If you must pursue an eviction or other legal help, make sure you make an effort to talk to the tenant first and then begin to build your case.
