In New York City, tenants commonly wish to sublet their apartments for various reasons. We represent New York City tenants in holdover eviction actions where it is claimed that there was an illegal sublet of their apartment. These cases are brought by the landlord based on the allegation that someone is subletting the apartment without permission.
Tenants often ask one simple question when it comes to the issue of subletting their New York City apartment: do I have the right to sublet? Generally, the answer is, yes.
But, like many areas of New York City landlord-tenant law, this particular issue does not lend itself to an easy answer. There are factual permutations for each illegal sublet case that determine whether the tenant has valid legal grounds to sublet. These may include the number of units in the building, the advance notice provided to the landlord, if the unit is rent-regulated, and whether or not the landlord has a reasonable objection.
Indeed, small details can end up being extremely important in illegal sublet holdover cases and they cannot be approached in a cookie-cutter fashion.
If you are a New York City tenant faced with an illegal sublet holdover proceeding, you may contact New York City tenant lawyer Eric Dinnocenzo at (212) 933-1675 for a free consultation.