Subletting a property without permission from the landlord is forbidden. Most landlords include a clause in the tenancy agreement to discourage a tenant from doing this, but it doesn’t always stop the practice from happening, particularly in areas of high demand. In the UK subletting a property can cause all kinds of problems, not least property damage, but in the U.S., subletting is often illegal.
A New York City landlord is suing his tenant after she sublet his apartment without permission and he was fined $61,250 by building inspectors for turning the unit into an illegal hotel.
Landlord Liable for fines
According to local law, the landlord is strictly liable even though the tenant has caused the violation and the landlord was unaware of the problem. In his defence, the landlord says he had no idea the tenant was advertising the unit on Airbnb and because the apartment building didn’t have a doorman, it was difficult to monitor who was going in and out of the unit.
Checks Carried out by Building Inspectors
Short-term renters were found in the apartment numerous times when checks were carried out by city inspectors. The tenant claimed they were friends and family, but at least one group of five said they had found the rental on Airbnb.
The landlord is hoping to claim back $300k to cover his fines and legal fees. He also wants a court order in place to stop the tenant renting out the apartment again.
