Q: My subtenant has an illegal sublet with Air B and B. Is this curative or can a landlord go directly to eviction?
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A: The lease will largely dictate whether there is an opportunity for the tenant to cure. However, in New York City, if you are looking for a successful eviction you should have proof of multiple instances of illegal subletting, and likely provided a notice to cure. I handle these types of matters regularly, please feel free to contact me directly.
A:
Dear Flushing Tenant:
It would be best if you looked over the lease termination/default section of your lease. Airbnb is generally an impossible-to-cure lease violation. If you hope to have any chance, you need experienced legal counsel and a swift termination of the subtenant's lease. While battling your subtenant in Queens Housing Court, your landlord will likely go after you. You will pay your lawyer to prosecute the eviction against the subtenant and pay the lawyer to defend you against the landlord's Holdover Summary Proceeding.
You are on the hook no matter what you do since the landlord needs to evict you to evict the Airbnb'ing subtenant.
If the apartment is not Rent Stabilized, you must figure out how much this is worth to you. You will remain obliged to the landlord for rent and legal fees (most likely if you try to settle. Otherwise, the court may determine reasonable legal fees owed by you to the landlord if the landlord prevails in the Housing Court).
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