How to evict a subtenant?

UPDATED: Sep 4, 2012

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How to evict a subtenant?

I live in a double wide trailer and recently was having a rough patch so i needed help paying rent. I allowed a couple with 2 children to move in with me. They are now verbally obnoxious, make a lot of noise when we are sleeping and just are generally make our lives miserable. My fiance and I are the leaseholders with our landlord but we then signed a sub-lease with our “tenants” to cover our own rights. I would like to know what my quickest and simplest options are as I have tried asking them to leave and they refuse and say that it is their house too.

Asked on September 4, 2012 under Real Estate Law, New York


Mark Siegel / Law Office of Mark A. Siegel

Answered 10 years ago | Contributor

Under NY law when you sublet, with the landlord's consent, a separate landlord-tenant relationship is created between the sublessor (you) & the subtenant. The respective rights of the prime tenant (sublessor) & the subtenant are governed by the terms of the sublease, which generally incorporates all of the terms of the overlease (your lease with the landlord). If the sublease has not expired or will not be expiring shortly, then your right to bring a holdover (eviction) proceeding against the subtenants would depend upon whether the subtenants have violated one or more provisions in the sublease (or provisions in the overlease), that would permit you to legally terminate the sublease. I suggest you have an attorney review the sublease & the overlease & advise you whether there are sufficient legal grounds to terminate the sublease & maintain a holdover proceeding.

However, if the sublease will be expiring shortly, after the expiration of the sublease, you would have the right to commence a holdover proceeding in the local town, justice or city court & seek a judgment of possession & a warrant of eviction. If you bring a holdover proceeding after the sublease expires, you would not need to prove that the subtenant violated the terms of either the sublease or overlease. Your proceeding would be based upon the expiration of the sublease & the fact that the subtenants continue to "hold over" after expiration of their term, without permission of the prime tenant (sublessor). These grounds are, in most cases, easier to prove than grounds based upon a lease violation by the subtenant. I hope you found this general overview helpful.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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