Q: am i legally allowed to have this person here? is this grounds for eviction?
residence: house, not an apartment building- in NY
primary tenant: my father, name on lease, not currently actively residing in the house
myself: son living in the house, name not on lease
another person: living here for a few months, paying rent to me
i did not ask the landlord for permission to have her live here or to sublet
it was discovered that she was living with me and they sent me a letter saying i had to get her out in 5 days, since we had broken the lease agreement by subletting else we would also be evicted
does this sound right?
A:
Dear Monroe Tenant:
Technically, your use of the dwelling without the tenant, even though you are immediate family, may be a breach of the lease unless the lease conveyed to your father greater tenancy rights than provided in the statute (NYS Real Property Law Section 235-f (https://utalbany.org/wp-content/uploads/2019/11/Apartment-Sharing.pdf).
In relation to the five-day letter, no, that does not sound right. A typical residential lease for a full house would ordinarily provide the tenant ten days to cure a claimed breach of the lease before the landlord may exercise the right to terminate. If the landlord insisted on five days most tenants would walk away from the negotiation and not rent.
Fortunately, all breach of lease eviction cases are the easiest for a tenant to win in the local eviction court since all 'the law' requires is that the tenant perfects the cure. For you, that would require your father to return to the house.
Let me say this: If your occupancy were legal and not by itself a breach of the lease, even with your father not living in the house, the landlord has ZERO right to complain about your Roommate. So, I suspect more is going on than you say.
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