As a landlord, there will be certain things that you will want to ensure are within your control. These things will likely include knowledge of who is living in your property, and whether anyone is illegally gaining income from your property.
Unfortunately, illegal sublets are a surprisingly common issue that landlords have to deal with in New York and around the country, but there are things that can be done to put a stop to them. The following are some of the firsts steps that you should take as a landlord if you have learned about an illegal sublet on your property.
Communicate with your tenant
Upon learning of the illegal sublet, the first thing you should do is to contact your original tenant. You should first confirm that the property is being sublet, and make them aware that this is, in fact, a breach of the lease agreement. If you are having trouble getting in contact with the original tenant, it is likely that the sublessee will be able to assist you in this.
Suggest a way to rectify the situation
Once you have notified the original tenant of their contract breach, you should suggest an appropriate solution in writing. For example, you may demand that the sublessee end their tenancy within 30 days. The situation could be easily resolved if you state that no legal action will be taken as long as these requirements are fulfilled.
If all else fails, look into your legal options
If you are unsuccessful in your attempts to resolve the situation through communication, you can fall back on the legal protections that the original lease gives you. These types of matters can often be easily resolved through mediation, especially if miscommunication was the root cause of the dispute. However, before taking any drastic action such as evicting the tenant, it is important that you ensure you are within your rights to do so. You should also make sure that your lease terms specifically prohibit subletting.
If you want to resolve a subletting dispute as a landlord in New York, it is important that you understand the rights you have to resolve the situation. You should make sure that you do not delay taking action to assert the terms of the lease.