Legal Question in Landlord & Tenant Law in New York

Sue to evict a subleasee

I lease an house with 3 others. We have one subtenant, who the landlord recognizes as a subtenant. We have decided not to renew his sublease. He tells us that he refuses to leave after his sublease expires. Our landlord would like us to handle this matter ourselves. What is the best way to proceed? Can we sue to evict our subtenant without involving our landlord? Our subtenant's sublease cosists of a purely verbal agreement. He has signed no papers with us or our landlord.


Asked on 5/09/04, 2:51 pm

2 Answers from Attorneys
richard feldman richard d. feldman

Re: Sue to evict a subleasee

you must start a holdover proceeding in landlord and tenant court. It is very specific and any error will dismiss the case you should have an attorney.. you can call me at 212 683 8677 for free telephone consultation.

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Answered on 5/09/04, 9:15 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Sue to evict a subleasee

The subtenant is your headache and you will need to start an eviction proceeding against him if you want him out, if he doesn't leave at the end of your leasehold, and your landlord doesn't renew your lease, you can be responsible for any damages the landlord incurs by the failure to vacate the property at the end of the lease period. You should start a proceeding to get this sub out as soon as legally possible.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/10/04, 9:19 am


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