NYC Subletting without a lease.

[MatthewScars]

I couldnt find anything on this.

I have a friend that doesn't have a lease. She pays rent and everything is fine with the landlord and he knows she doesn't have a lease.

She wants to move elsewhere but keep that apartment and sublet it. Is this legal if she doesnt have a lease? Would she have to notify the super? Or should she not touch this subletting issue?

 

[Og Drogon]

I couldnt find anything on this.

I have a friend that doesn't have a lease. She pays rent and everything is fine with the landlord and he knows she doesn't have a lease.

She wants to move elsewhere but keep that apartment and sublet it. Is this legal if she doesnt have a lease? Would she have to notify the super? Or should she not touch this subletting issue?

That I know of... you can sublease the apt, unless it says you can't on the lease, and in this case it's non existence.

Or if there is a verbal agreement with the landlord/management ....
The super should not have anything to do with that matter, in most cases.

I'm Nemo's mother!

 

[Og Drogon]

I say this cause I've worked with numerous management company's,as a superintendent.


I'm Nemo's mother!

 

[lfsmarineguy]

If she doesn't have a lease and she tries to sublet the apt. she's probably asking for some legal trouble. Without a lease she has no actual claim to the apartment (especially if she moves out) and the absence of any paperwork for either side only puts all the cards in the owner/ managments hands should there be a problem. I would either try and get a lease so she can actually sub the apt. or just leave it alone and move.

Verbal agreements aren't worth the paper they are written on...

 

[bizzarro]

+1

W/o signed agreements you got nothing.

If they won't provide her with a lease agreement for her current "lease" now then it doesn't sound like they have one? It probalby makes it easier for them to get rid of tenants that don't pay.

If I were a landlord, I wouldn't allow subletting. It makes no sense when they can easily get tenants.

 

[ClosetFishGeek]

A lease protects bolth the landlord and the tenant. However, when there is no physical lease in hand it also tends to be an illegal apartment as well. And unfortunately(depending on wich side your on) the rights are with the tenant especially in NY. She obviously is subletting to make a profit ? Did she pay by cash or check in the past ? How long has she been there. Is there a trail. If she has been there for some time (12+ months) and has a money trail and the land lord had taken(and cashed) the rents then the landlord cannot throw this person out so easily. This is not a straight foward answer but there is only one way to find out.

 

[ClosetFishGeek]

And it is not easy to evict and throw out tenants in NY !!!!!!!!!

 

[MatthewScars]

And it is not easy to evict and throw out tenants in NY !!!!!!!!!

Shes been there for like 3 years and pays via check. Yeah, I told her to not mess with subing unless you got a lease.

When i lived in Astoria my jerk greek neighbors stopped paying rent and just moved back to Greece. Took the building over a year to evict them. And the apt was just sitting there with a notice on it saying they owed the building some $11,000 in unpaid rent for over a year. gl ever getting that.

Thanks for the advice, guys.