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Roommate Subletting Her Room Illegally?!

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Roommate Subletting Her Room Illegally?!

Postby citygirlintn » Tue May 06, 2003 10:54 pm

I live in an apartment with 2 other girls, and all 3 of us are on the lease, along with my father and another father as guarantors.
One roommate (whose father is NOT a guarantor informed me and our other roommate that she planned on leaving our lease early more than 30 days ago. We accepted that, and a replacement roommate was found, but the caveat with me and my father was that she had to go through the building so that this was a legal sublet. I have an email of hers acknowledging that she understood this.

She informed me tonight that she has moved her stuff out (I have been away for the past 2 days), and that the other girl is moving in this weekend. The other girl will be paying her, and she will be paying the rent to the LL. I am NOT okay with this arrangement, nor is my father, the guarantor. I am afraid of reporting this to the LL for fear of being evicted, and screwing my dad.

Don't even get me started on the 3rd roommate. (If you want to, see "I'm afraid of my roommate" in the GD folder)

What can I do now?
citygirlintn
 
Posts: 45
Joined: Wed Apr 30, 2003 1:01 am
Location: NYC

Re: Roommate Subletting Her Room Illegally?!

Postby consigliere » Wed May 07, 2003 7:54 am

The third co-tenant (the one without the guarantor) is not a roommate -- she is a tenant.
 
She is not subletting. You and your other co-tenant are substituting a roommate for the third co-tenant.
 
How is the rent currently paid? Do all three of you separately send the landlord your share of the rent? Or do you send one check to the landlord?
 
The landlord might not want to accept rent from a roommate. If he refuses, the roommate will have to pay you and the remaining co-tenant her share of the rent, and you two will have to pay the total rent to the landlord.
 
You and the remaining co-tenant should enter into a written agreement with the roommate and notify the landlord that the roommate will be replacing the third co-tenant.
 
consigliere
 
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Re: Roommate Subletting Her Room Illegally?!

Postby citygirlintn » Wed May 07, 2003 9:07 am

All 3 of us pay our rent separately. The girl who moved out is paying the rent to the LL, and is being paid by the girl moving in. That doesn't make it a sublet?

I'm sorry, but I did not mean "roommate" in the legal sense. I fully understand that since we're all on the lease, we're all tenants.

Regardless, I am extremely upset with the way this was done. The problem is that the girl who has moved out, and the girl who is my co-tenant, have no intention of letting our LL know about her, and neither I nor my father want her moving in without the LL knowing she is there.

Thanks for your help.
citygirlintn
 
Posts: 45
Joined: Wed Apr 30, 2003 1:01 am
Location: NYC

Re: Roommate Subletting Her Room Illegally?!

Postby citygirlintn » Sat May 10, 2003 11:28 pm

I returned today and saw that she has moved in. If I inform my LL, what are the chances of eviction?
citygirlintn
 
Posts: 45
Joined: Wed Apr 30, 2003 1:01 am
Location: NYC


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