nyc air bnb eviction (New York, York: real estate, 2014, apartments)
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Daughter received eviction notice from landlord re using the apartment when not there as an airbnb. She's ok with moving out but the landlord is stating that she is liable for legal fees incurred by a lawyer representing the landlord. The lease was to run though August. This may be the case- I don't know. Anyone have experience with this?
Whenever the tenant does something wrong, they are most likely liable for the legal fees should anything go to court. Why did your daughter do that illegal thing? The apartment is for her to live in and not for her to treat it like some hotel to pocket extra money. I believe even Airbnb warns against 1 day rentals. They were all over the news saying how to avoid doing anything illegal, that person must do a 30 day plus rental. Not to mention, they had to surrender a list of all their clients who were illegally renting to the NYC housing authority and that list is being slowly reviewed and it's only a matter of time before they reach each person and file a lawsuit. I believe it was ordered by a judge they must surrender the list.
Why did your daughter do that? It doesn't seem logical. The apartment is for the landlord to make money. Not for her to make more money then the landlord. How much time does she have before she must move?
Does she have to surrender the money she made from the illegal hosting?
Last edited by q41apartments; 01-13-2015 at 08:34 PM..
Daughter received eviction notice from landlord re using the apartment when not there as an airbnb. She's ok with moving out but the landlord is stating that she is liable for legal fees incurred by a lawyer representing the landlord. The lease was to run though August. This may be the case- I don't know. Anyone have experience with this?
If I was to guess, the landlord is using empty threats to scare your daughter into volunteering to leave the apartment. In NYC, landlord are required to go to housing court in order to evict a tenant so landlord must hire a lawyer (otherwise risk submitting wrong information and delaying the process). I have never heard of a tenant having to cover lawyer expenses. Even if the case goes to court, the landlord is not guaranteed to win the case (see below).
You should seek professional legal advice, you can find a real estate lawyer using yelp. I am sure they will be willing to hear your case before taking you on as a client.
But she did something illegal. It's an apartment and not a hotel.
Quote:
Also keep in mind that renting out one’s home likely violates one’s lease agreement, the majority of which in New York don’t allow for subleasing without permission from the landlord. While this facet of the equation is not necessarily a law-breaking concern and the one being argued in court, it’s surely an eviction concern—and no New Yorker wants that, myself included.
I would just volunteer to leave peacefully (make sure to get your security deposit), but I am just letting OP know that there is a case to be made if landlord decides to take it to housing court (without given you the option to leave peacefully). She should seek professional help in presenting an argument to the judge, whether it involves a confession of using AirBnB because she was naive and read articles about it being a safe way to cover the high cost of living in NYC (given how common it is to use AirBnB). Judges might be understanding and favor tenants, especially given there is already a precedent for it. .
I'm just shocked people still do AirBNB especially how publicized in the media it was that 1 day rentals are not permitted and the surrender of all airbnb client names for probably prosecuting purposes.
There may be something in the lease where she is responsible for rent until the apartment is re-rented.
Can't have it both ways -- that is, the landlord can't both demand she leave and continue to collect rent once she does.
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