united-states real-estate new-york-state sublease
Subletting in commercial space with verbal but not written permission - NYC
<p>I'm a tenant in a commercial space in NYC that is sublet friendly (lots of artists, musicians, etc.)  My landlord told me subletting was okay when I first looked at the space I rented and I ended up subletting part of my space to someone who is now behind on rent and I want to evict (or at least go thru the process to get them to pay).  I have a signed sublet agreement with my subtenant that states he must pay rent on time. </p>

<p>But in looking thru my lease (with my landlord), it states that written permission is required for subletting, which I did not get.  I am fine with emailing my landlord now and asking them to confirm that I can sublet and explain I have someone in the space now.  I'm 99% sure he will confirm it's okay.  However, I am concerned the courts will not accept my attempts to evict for non payment of rent since I didn't get the written permission in advance.  Will this be a problem?  And if so, how can I remedy?</p>

<p>It seems you have learned a lesson in making sure you keep your paperwork in order. That said I can't imagine a <strong>reasonable judge</strong> coming back and saying that because you lack the landlord's written permission to sublet, the subleter is now allowed to squat in the landlord's space. That would be an <a href="https://en.wikipedia.org/wiki/Plain_meaning_rule#Doctrine_of_absurdity" rel="nofollow noreferrer">absurd result</a>.</p>

<p>Obviously this is no guarantee as judges are not as consistent at the city levels as they are at the higher courts, but the key word is <strong>reasonable judge</strong>.</p>
