If I evict a tenant, will the subtenant be evicted automatically?

UPDATED: Oct 2, 2022

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If I evict a tenant, will the subtenant be evicted automatically?

I rent an apartment to a tenant who sublets the basement to a third party. If I evict the tenant will the subleased tenant be covered under that eviction as well or would that need to be a separate eviction?

Asked on August 5, 2019 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Legally, the subtenant will also be evicted, since he or she only occupies the premises under the prime tenant's rights, so if the prime tenant loses the right to the unit, anyone who occupies it under or from them loses their rights, too.
Practically, you have name the subtenant in the action, too, and have them served with the summons and complaint (or petition, as NY calls it), because as a matter of due process, since their rights are being affected, too, they must be given notice of the action and the right to appear in court and contest it. 
NY landlord-tenant law, even without subtenants, is very technical and procedural: you are strongy advised to retain a landlord-tenant attorney to help you.

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