Which is the fastest way to evict a person who has a child if they areillegally subletting an apartment and doesn’t want to leave?

Have eviction proceedings brought against the illegal subtenant or or have eviction proceedings brought against the legal tenants who illegally allowed the subtenant to move in?

Asked on October 7, 2011 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to evict your own tenant for violating the lease, by subletting when he or she could not. You can't directly evict the subtenant, since the subtenant is being given permission to occupy the premises by the tenant who has possession; to get rid of the subtenant, evict the tenant, which then destroys the basis or ground under which the subtenant is occupying the premises.

Note the following:

You'll need to give the tenant a notice to cease first--or a written warning that they are violating the lease and need to cease doing it. If the tenant gets rid of the subtenant in accord with the notice, you can't evict the tenant.

All of the above presupposes that there is a written lease and it bars subletting: if there is no written lease restricting sublets, the tenant has the right to sublet and you may not evict on this ground.


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