Q: NYC Sublessee breaking sublease...
I have a sublessee in my apt who signed a sublease agreement stipulating that she would pay last month's rent by Sept 7th (she never did). It is a minimum four month agreement and I received a message from her that she will be breaking the lease. Not only did she never give the last full month's rent, she never paid the utility split as agreed upon. There is a default clause in the lease that says if she fails to pay as outlined or breaks the lease, she must leave by the 4th day of month in default. In NYC, can this be enforced. What can I do? See sublease attached.
A: You would need to bring an eviction case. That case will take much longer than one month.
A: Although you may think of yourself as a tenant, you are in the position of landlord in relation to your subtenant. Since the terms of a lease/sublease are not self-excuted, like any other landlord, you must use the appropriate court proceedings to recover possession of the premises and damages from your tenant/subtenant if he or she has breached the lease/sublease.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
