Legal Question in Real Estate Law in New York
Summer rental in sharehouse (sublets)
I am a tenant, not a landlord. I have a lease in a summer house that allows me to have up to 10 people in the house at the same time. There are 5 bedrooms.
The lease form I signed is the "draconian" T-313 Seasonal short term lease form from 1978. I modified it to allow us 10 people in the house and to allow subletting . The owner and I initailed the changes. This means I am collecting money from others who are using the other bedrooms. My wife and I take one bedroom. We are also not in the house at all times. The landlord is not thrilled, as they were hoping for less people in the house. Please note this was NEVER promissed to them, as I clearly told the broker my intention was to share the house with families and mature singles.
(1) In terms of counting "Persons", do infants under the age of three or two count? I had thought they didn't. (2)If the landlord tries to get me out, do they have a right to evict me in 5 days notice as the form states? Can they put a new lock on the door without a judgement? If they get us out, are they required ti refund the remaining pre-paid rent ?
2 Answers from Attorneys
Re: Summer rental in sharehouse (sublets)
I am unaware of any law defining "person" for lease purposes leaving this a question of judicial interpretation. As to the 5 day provision, it can be argued that 150 yr old cases allowing self-help are still available to a landlord (outside NYC) IF he re-takes his property peacefully. The reality is that local Police are unlikely to support a landlord when you ask to be let back in and are holding a lease and a Judge will lok at the landlord's actions under a microscope to find fault. The proper method is a summary proceeding, a hearing on minimum of 5 days notice (by serving a petition) after the notice set forth in the lease expires.
Re: Summer rental in sharehouse (sublets)
Persons can be applied in several ways. Many leases allow them to include infants (does your lease only aggregate the number of persons or break them into adults and children)? At the ages you specify, the infants may not be counted, unless a court were to apply the number under strict interpretation. If the lease provides for 5 day notice on eviction, this usually requires a court hearing and the court will interpret the lease. Does the lease provide for "self-help"? That is, does the lease allow the landlord to close the house and evict you without a court order. If it does, the court proceeding may have to be initiated by you, possibly on an emergent basis since it is a short-term lease and the lease does allow the large number of tenants. As to the rent, if you are properly evicted, the landlord can hold you for damages for lost rent until he is able to re-rent the property. He does not have to get the same rent he charged you and can hold you responsible for any difference.
Walter
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