Eviction Rights For Subtenants

Summary

Subtenants in NYC have rights even if their sublease has expired. Eviction requires a 30-day notice and legal procedures in housing court. Non-payment of rent is a civil issue, not criminal, so police should not be involved. Discussing payment plans and renewing agreements with your roommate can help manage late rent situations.

Full Conversation

i live in new york city and i pay rent to my roomate and my roomate is the one on the lease. I am about to be late on rent. can i be kicked out for being late on rent by my roomate since they will have to pay my share since i will be behind
Hi Trad, thank you for sharing your situation. To provide accurate information, can you clarify whether you have a written agreement with your roommate regarding your rent payments?
there is a roommate agreement but it has expired and its stating that i pay rent to my roomate and how much and by what time, i believe my position is being a subtenant since the lease is in my roomates name and i pay rent to them.
Hi Trad, thank you for clarifying your situation. Here's some general information regarding your rights as a subtenant in New York:
- **Written Agreement**: Even if the roommate agreement has expired, its terms might still guide the relationship.
- **Eviction Process**: Your roommate cannot simply kick you out. They must legally terminate the subtenancy, possibly going through the court system.
- **Notice Period**: Generally, a *-day written notice is required to terminate a month-to-month subtenancy.
Would you like more details on the eviction process or need specific advice on handling late rent payments?
does my roomate have to cover my share of rent since i will be behind
Hi Trad,
Your roommate, as the primary leaseholder, is ultimately responsible for ensuring the full rent is paid to the landlord. However, whether they must cover your share depends on your private arrangement and any written agreements between you two.
Would you like more information on handling late rent payments or addressing this with your roommate?
adressing things with my roomate
Hi Trad,
Here are some tips for addressing the situation with your roommate:
- **Open Communication**: Speak with your roommate as soon as possible about your situation.
- **Payment Plan**: Propose a plan to catch up on your rent.
- **Written Agreement**: Consider renewing your roommate agreement to clearly outline responsibilities.
Would you need assistance drafting a payment plan or agreement?
agreement
Hi Trad,
Here’s a simple draft for renewing your roommate agreement, focusing on your rent responsibilities:
---
**Roommate Agreement**
**Parties**:
- **Primary Leaseholder** (Roommate): [Roommate's Name]
- **Subtenant**: Trad
**Effective Date**: [Date]
**Rent Payment**:
- **Amount**: [Your Share of Rent]
- **Due Date**: [Date Rent is Due Each Month]
**Terms**:
- **Payment Plan**: If late, [Your Name] agrees to pay the overdue amount by [Specific Date].
- **Communication**: Both parties agree to discuss any payment issues promptly.
---
Would you like more details or help with anything else?
im a cotenant thats been living there for at least one year how long do does the evtcition notice give me in nyc
Hi Trad,
In NYC, as a subtenant, you are typically entitled to a *-day written notice to terminate a month-to-month tenancy.
Would you like more details on the eviction process or need assistance with anything else?
more details
Hi Trad,
Here are additional details about the eviction process for subtenants in NYC:
- ***-Day Notice**: Your roommate must provide a written *-day notice to end your tenancy.
- **Court Process**: If you don't leave after the notice period, your roommate must file an eviction lawsuit in Housing Court.
- **Court Hearing**: You will have an opportunity to present your case before a judge.
Would you like information on how to prepare for a court hearing or any other specific aspect of the eviction process?
as a subtenant can i be kicked out in nyc if im late on rent and the roomate i pay rent to has to pay for my late payment
To provide accurate information, I need to understand a bit more about your situation. Could you please clarify if you have a written sublease agreement with your roommate?
its a written sublease but it has expired
Thank you for providing more information. Here are some general points regarding subleases in New York City:
- A subtenant can be evicted if they fail to pay rent on time, even if the sublease has expired.
- The original tenant must follow proper legal procedures for eviction, which typically involves giving notice and possibly going to court.
If you need further assistance, please let me know!
can my roomate call the cops on me since im late on rent as a co tenant\
In New York, failure to pay rent is typically a civil, not criminal, matter. Your roommate should follow proper eviction procedures rather than involving the police.
Would you like more information on the eviction process or your rights as a subtenant?
rights as subtenat
In New York City, as a subtenant, you have specific rights, even if your sublease has expired. Here are some key points:
- **Notice for Eviction**: The original tenant must provide you with proper notice before initiating eviction proceedings.
- **Legal Procedures**: Eviction requires going through legal procedures, typically in housing court.
- **Police Involvement**: Non-payment of rent is a civil issue, not criminal, hence police should not be involved.
Would you like more detailed information on the eviction process or legal procedures?