| In summary | |
| Posted by: aleck 08:07 am EDT 07/05/17 | |
| In reply to: Tenants Rights Guide - wizrdofoz27 12:07 am EDT 07/05/17 | |
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| Having done this several times, wading through all that extensive (albeit helpful) material can be confusing. Here are the salient points to keep in mind to avoid possibility of an eviction proceeding by your landlord (if your landlord is watching you, as in most cases they are): 1. As a rent-stabilized tenant you must actually be in residence in your apartment for 6 months of the year. If you are flirting with a timetable of that six month residency requirement, make sure you have proof of your actual occupation of the apartment. (That said, I know of people who have not been in residence for years and never got caught. I prefer not to risk the potential of losing such a valuable asset as a rent-stabilized apartment.) 2. That six-month occupation of the apartment is waived if you do a legal sublet of the apartment. That means getting a sublet lease that is approved by the landlord. The landlord is permitted to add 10 percent of the rent to the sublet tenant. The monthly rent would be paid by the sublet tenant directly to the landlord. You keep your status as the original lease holder as long as you maintain New York City as your primary residence -- meaning you pay local and state income taxes. To get a legal sublet, your landlord can demand all the personal information from the person subletting (like financial responsibility, proof of job, etc). You are permitted to sublet your apartment for 24 months out of every 48 months. Rent control apartments, as opposed to rent stabilized, cannot be subletted. (Some people sublet their apartments every winter when they want to go to Florida for a few months. The reason for your absence is of no importance -- as long as you are not setting up a permanent primary residence elsewhere.) 3. Do not try to sublet your apartment "off the books" while you are gone. Do not try to collect money from someone who might stay in the apartment while you are gone. While there are many people who do this routinely and for many years, it is illegal and if you are caught it can be grounds for eviction. Also, do not "swap" your apartment for ANY period of time with someone in another city. Home exchanges are illegal under rent stabilization laws as illegal sublets. Again, people do this all the time, but if you get caught . . . 4. You can get a sublet lease form off the internet. I always add a clause that says I can reclaim the apartment on a short notice during the sublet period if I needed to return for some unforeseen reason (like a health issue). I never rent to strangers. Rather I rent to people I know who are looking for a chance to have a New York apartment for a few months -- or out-of-towners who are looking for a NYC weekend place -- like a temporary pied-a-terre. Then I don't have to worry about moving all my stuff out of here. Also, rather than changing all the utility service -- phone, TV, electricity -- to the sublet tenant, I just bill the tenant the amount. This can be included in the lease. 5. Since I consider my rent-stabilized apartment my greatest financial asset, I would do nothing to jeopardize losing it and I follow the rules exactly. |
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