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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I have a tenant that is subletting her apartment in

Customer Question

I have a tenant that is subletting her apartment in violation of the lease that she signed. The activity is disruptive, loud and poses a danger to the women and children residing in the complex. Strangers are not permitted to sublet. The lease is month to month. This is the second time that she has done this. I warned her the first time and she said that she would not do it again (in an email). I see that she has the apartment booked for most of the next month and a half. All of the neighbors are complaining. I plan to serve a 3 day quit notice for non-compliance with the terms of the lease. Her email and phone are disconnected and she no longer seems to reside there - only rents it out. I have no way of contacting her other than posting a notice. My question is:how can I prevent the Airbnb guests from staying in the apartment in the short and medium term? Also, is the 3 day quit notice the best way to go or should I get a restraining order? Or both?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, legally you cannot stop them from being there as those parties are contracting with your tenant and not with you. If she vacated the premises and 'abandoned' them, then you can effectually a 'right of re-entry' and simply re-enter the premises, change the locks, and then bar new people from appearing. If she no longer resides there, then no notice is necessary, and you can attempt to bypass the eviction...but if she re-appears, you would need to serve a 3 day notice. This is not a restraining order situation because she is not harassing anyone or making threats, this is a contractual breach of lease, and it can only be fixed by an eviction.

Sincerely,

Dimitry, Esq.