If someone sublet a property to me, what rights would that person maintain regarding his ability to access this property?

Asked almost 2 years ago - Baldwin, NY

My father and I are listed as co-tenants of the house that I am about to move into, because the landlord did not want him to simply guarantee this property for me. We have agreed that he may not enter the property at any time, but I do not trust him to abide by his word and would like to put this in writing in a way so that should he try to enter the property, I could call the police and have him arrested. If he were to sublet this property to me, what rights would he maintain over it regarding his ability to access the premises?

Attorney answers (3)

  1. Richard J. Chertock

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I agree with my colleagues prior answers. There is no way around this. If you are that concerned about your father entering the premises then you should find a different appartment to rent where he can guarantee the lease or not be a part of it at all. Once he signs as a tenant there is nothing short of a protective order that will extinguish his right to access the apartment and a tenant can not sublet to another tenant. It does not matter how many different ways you ask this question, the answer is always going to be the same. You either have to take him at his word or find a differnt apartment.

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  2. Steven Warren Smollens

    Contributor Level 20

    Answered . Dear I want to plan to arrest my father if he enters the house:

    Perhaps I might suggest an answer.

    I believe that you posted a similar question yesterday and that I offered an answer.

    No matter the form of private agreement you make with your father as long as he is a tenant he has equal legal rights in the house and the police will not remove him unless he is charged with a domestic abuse crime. If it came to that, how much longer do you believe your father would continue to pay the rent for the house?

    A tenant cannot sublease to a co-tenant. Each tenant to start possesses an indivisible whole estate in the leased property. In any case if your father could sublease the landlord likely must provide consent to the sublease if the lease to the house provides for the landlord's consent.

    This is a copy of the answer I posted yesterday:

    "***If you enter into a lease with your father as a co-tenant, the police will not bar him from access to his home. An Order of Protection issued by a court will be enforced by the police.

    You risk the opportunity for an order of protection because of the lease you and your father will make together for this house. You might consider renting another house from another landlord willing to accept your father as guarantor and not force him onto the lease as a co-tenant.

    A guarantor does not pay rent. A tenant pays rent. Perhaps the the landlord was confused by your arrangement with your father, that he would pay the rent and not become a tenant. The landlord may have been dubious about that proposal. You might consider that if you find a new house to rent that your father sign as guarantor but instead of paying rent, your father provides the money to you for you to pay the rent in your name.

    Good luck.***"

    I believe that you have created a situation where you need an attorney to deal with this matter.

    Good luck.

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  3. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If he sublet to you, he'd be your landlord--and could enter for emergencies anytime, or for other reasons with proper notice. He could also evict you (with proper notice, for reasons contractual or other).

    I recall your post from yesterday--you will not be able to have your cake and eat it too if your father is a co-tenant--he has full access rights just as you do. The police will not remove him because of a civil contract the two of you sign (why would your father sign such a document anyway?)


    Recommend you look for another place that will accept you without your father's co-tenancy.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more

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