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| re: In summary | |
| Posted by: StageDoorEddie 09:04 am EDT 07/05/17 | |
| In reply to: In summary - aleck 08:07 am EDT 07/05/17 | |
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| aleck's post contains excellent advice and information. However, as a property manager I need to point out two errors. You do not need to be in actual residence for 6 months if you are temporarily away from the apartment for work -- provided you maintain it as your primary residence, use the address for your taxes and, most importantly, pay New York City and State income taxes. Since you say you will be with a bus and truck tour, you wouldn't have any other residence. If you sublet, the subtenant should pay you and you should pay the rent to the landlord. You remain liable for all obligations under the lease. It's possible some subtenants have paid the rent directly to the landlord, but the only way for you to know it is being paid and that you won't suddenly find yourself in court for non-payment of rent, is to pay it to the landlord yourself. If you decide to sublet, reread Item 3 in aleck's response. In addition to the handbook referenced in another post, the DHCR has Fact Sheets that should cover most of your concerns as a rent stabilized tenant. Good luck and enjoy the tour. |
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| Link | http://www.nyshcr.org/Rent/FactSheets/ |
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| re: In summary | |
| Posted by: aleck 02:07 pm EDT 07/05/17 | |
| In reply to: re: In summary - StageDoorEddie 09:04 am EDT 07/05/17 | |
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| It was explained to me by a real estate lawyer that the six-month residency requirement meant six months of occupancy of the premises, otherwise it's considered that you've abandoned the property. Perhaps proof of a time-limited work contract might be enough proof that there has not be abandonment, but I think that could be grey. With some landlords tracking tenants every movement, you better have some really hard evidence and not something with an open-end contract. When I have done sublets, the landlord required that the subtenant pay directly -- because there was a 10% premium added to the basic rent -- and that the sublet lease be approved and signed by all the parties. |
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