The line between a long-term guest and an illegal occupant is a critical one in NYC. Lease agreements almost universally restrict subletting without the landlord's consent, yet tenants frequently try to monetize their apartments by bringing in unauthorized "roommates" or "guests." Ignoring this can cost you time, money, and control over your property.
Why It's a Problem
An unauthorized occupant has no legal relationship with you, the landlord. They are not on the lease and have not been vetted. This can lead to:
- Property Damage: You have no security deposit or recourse against this individual.
- Nuisance Issues: The person is not bound by the building's rules and regulations.
- Succession Claims: In rent-stabilized units, an occupant may later try to claim succession rights, complicating your ability to recover the apartment.
Telltale Signs of an Illegal Sublet
While every situation is different, here are common red flags that a "guest" is actually an illegal subtenant:
The Tenant is Gone
The most obvious sign. If the tenant of record is rarely or never seen at the property, it's likely they have moved out and are collecting rent from the new occupant.
Separate Mail
The new person is receiving their own mail (utility bills, bank statements) at your property's address.
Moving In Furniture
A guest brings a suitcase; a subtenant brings a U-Haul. The presence of significant personal furniture is a strong indicator.
Online Listings
A quick search on Airbnb, Craigslist, or Facebook Marketplace might reveal your own apartment being advertised for rent.
Do not accept rent directly from the unauthorized person. Doing so can inadvertently create a landlord-tenant relationship, making it much harder to evict them.
If you suspect an illegal sublet, you must act decisively. The legal process involves serving specific notices (a Notice to Cure, followed by a Notice of Termination) before you can even begin a holdover proceeding in Housing Court. Any error in these predicate notices can get your case thrown out. If you see the signs, contact an experienced landlord attorney immediately to protect your rights and your property.