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Tricky Situation by Big D (Ny) on March 10, 2010 @11:25
I am a landlord in Albany, NY. I am in a tricky situation that I've never been in and I can't get any clear advice.

I am renting out an apartment to J. He is sub-renting the apartment to Sarah. She moved in on January 5th this year. J has been collecting the rent and giving it o me not problems. Sarah is not on any lease, and there a month to month agreement between me and J. Sarah has decided not to pay rent now (not to mention the ridiculous things that I have heard going on there by my neighbor). She has been there long enough to establish residence. How do I go about evicting her?

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Re: Tricky Situation by Jack (NY) on March 10, 2010 @12:06 [ Reply ]
OK Big D, here's the scoop.

Since you have no agreement with Sarah and her verbal rental agreement is with J, you can not legally evict only Sarah.
If anyone is responsible to you, it is J.
J is the one in violation, He is the one responsible for whatever is going on with his guests or tenants.

Did you use an LPA Lease? If so, that would be a help, but either way, your beef is with J, not Sarah.

If you want to keep J as a tenant (I don't know why you would), J would have to go to court to evict Sarah while still paying you the rent.

If J is depending on the money from sarah to pay you, he is S.O.L. and should get an eviction and money judgment against him and Sarah.
You could probably include Sarah in the eviction along with J and any other "John Does" that may happen to be there.

Re: Tricky Situation by P-Bone in WNY (NY) on March 10, 2010 @22:03 [ Reply ]
The only simple solution is to evict J based on non-payment as it is his responsibility to go after Sarah not yours, but make sure you say To J, et al, to make sure you cover the fact that all residents are being evicted.

You can't legally evict Sarah without evicting J, only J can do that.

Then I would start using a stronger lease, particularly a LPA lease that states that no subletting os assigning is allowed, that way you don't have these situations, or you can evict based on them and initiate lease violation fees for it.

Re: Tricky Situation by CA (HI) on March 11, 2010 @22:56 [ Reply ]
Don't you just evict tenant on lease "and all others" to get them all out?

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