Legal Question in Landlord & Tenant Law in New York
NY Subletters
(sorry put wrong e-mail in first question)
Due to various issues of cleanliness and late rent payment, we asked a subletter (not on lease, obviously) to leave at the end of the month. Unfortunately, we waited until the fifth of the month (August). He says he spoke to someone regarding subletters rights and because we waited he now has till the end of September. I can understand the fifth of Sept., but the end of the next month? Is this true? To repeat, he is NOT on the lease.
1 Answer from Attorneys
Re: NY Subletters
Well unfortunately whether he is on lease or not, if a person has any right to be in an apartment, if they do not leave voluntarily, the landlord must institute summary proceedings for an eviction via the Housing Court. These actions require following the notice provisions of the NY statutes to a tee and any slight variation from what they proscribe can lead to an action being marked off or substantial delays. As such, if they do not seem to be leaving voluntarily, it would be highly advisable to retain an attorney to ensure that the proceedings go smoothly and a warrant of eviction is obtained as quickly as possible. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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