Actual risk of unauthorized subletting

fstep

New Member
Jurisdiction
New York
I am leaving the country for 3 months and want to sublet the place, but my lease does not allow subletting.


Personally I don't care if I lose the lease, I'd like to move out anyway, but I don't want fines that outweigh what i'm saving via the sublet (which is $5k) or any legal issues. This really comes down to the level of risk i'm taking. So assuming the landlord discovers this, what are the odds they go the extra mile (meaning do something more than just tell me to get out or keep the security deposit, which I can live with)?
 
We don't know your landlord. How should we know what he or she might do? We also haven't read your lease.

I'm basically asking how common is it for the landlord to go that far rather than just tell the tenant to evacuate the apartment.

The lease clearly states it's not allowed.
 
I'm basically asking how common is it for the landlord to go that far rather than just tell the tenant to evacuate the apartment.


It is very common.

If your rental unit is RENT CONTROLLED, it is EXTREMELY common!

Beyond the immediate unpleasantry associated with packing & moving, you must consider what an eviction will do to your ability to rent decent housing for three or four DECADES, or longer!

An eviction filing (civil lawsuit) will also negatively impact your FICO, as will the filing of a civil lawsuit.


The lease clearly states it's not allowed.

You also have other issues to consider, that MIGHT cost you MORE than the money you're seeking to save by sublet income.

What if your sublet trashes the place AND steals your belongings?

What if the sublessor fails to pay you?

There are reasons people sublet, most having to do with the poor character or disturbing credit rating of the person.

Be wary of subletting, and people who sublet, proceed at your own risk.

Look at you, mate, an otherwise "solid" person who is plotting to sublet, break the lease, and install an unknown sublessor to offset your cash flow.

Subletting often creates more trouble than its worth to the landlord and the tenant.

Be smart, break your lease PROPERLY if you must, but don't sublet.
 
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