If they do not leave, then you will need to evict them by filing suit. Your only other option is to vacate and then the landlord will have to evict them.
If your tenant did not get your permission to sublet and you have a sublet clause in your lease, they have officially broken the lease. This means you can send out a notice to comply or vacate the property. Subletting without permission is cause for eviction, but you aren't required to evict the tenant.
Consent from the landlord A tenant must get a landlord's written permission to sub-let or transfer any part of the property. If a tenant does this without consent, they are breaching the terms of the tenancy agreement.
Yes, they can. If you sublet your unit without your landlord's consent, they have the right to ask you to leave. Subletting without permission can be a violation of the lease agreement, and landlords have the authority to enforce the terms of the lease.
Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence.
These laws are designed to deter fraudulent activity and protect landlords from illegal profits made by tenants who sublet their properties without permission. Unauthorized subletting is considered a criminal offense, punishable by law, as it involves a breach of trust and a violation of the landlord-tenant agreement.
To determine if the lease is null and void, you would need to review the terms and conditions stated in the lease agreement itself, as well as any applicable local tenant laws. In general, leases can be considered void if there are significant inaccuracies or misrepresentations that impact the agreement's validity.
Without the landlord's consent, any sublease might be unenforceable, potentially leading to legal disputes or eviction. Obtaining written permission helps protect all parties involved and ensures the sublease adheres to local laws and regulations.