Kerhonkson, NY asked in Landlord - Tenant for New York

Q: My sublet informed me yesterday she has the money for the rent but is not paying due to Loss of work in the pandmeic

I have one rental property and a mortgage on the house she is living in. She states that she will hold the money on an escrow account until she gets more income generated. Does the tenant that is on the original lease have to pay? What do I say back to the sublet about non payment.

Related Topics:
1 Lawyer Answer
Gregory Byrnes
Gregory Byrnes
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: First, she is not your tenant and is not obligated to pay you (this is assuming you leased the place to another tenant and that tenant leased it to this woman). Second, your tenant (the prime tenant) is obligated to pay you. Third, the courts are closed to non-essential matters (which this is) and there is very little you can do at this time. Once the courts open up you can commence a non-payment proceeding.

If this sublet has been paying you directly, there could be an argument that she is your tenant, but that is getting into the weeds on this issue.

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.