[NY] I have a subtenant not paying utilities. How do I handle this?

Lexi, Chatbot

I understand the frustration of dealing with a subtenant not paying utilities. Have you discussed the issue directly with the subtenant?

Lexi, Chatbot

Are the responsibilities for paying utilities clearly outlined in your sublease agreement with the subtenant?

Lexi, Chatbot

Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with your subtenant not paying utilities.

Andres Sanchez

Hi there! I’m Andres Sanchez, a Landlord-Tenant expert here to help you navigate your situation with your subtenant. It sounds like you’re dealing with a tricky issue, but I’m here to provide guidance! 

Andres Sanchez

If your subtenant in New York City is not paying their share of the utilities, here’s how you can address the situation:

1. Review the Sublease Agreement

Check your sublease agreement to confirm that it explicitly states the subtenant’s obligation to pay utilities. If this is clearly outlined, you have a contractual basis to enforce payment.

2. Communicate and Document

Remind your subtenant of their obligation under the sublease.

Follow up with a written notice (email or letter) detailing:

• The amount owed
• The due date
• A request for prompt payment
• Keep records of all communications for potential legal use.

3. Avoid Self-Help Measures

Do not attempt to shut off utilities or restrict access to services, even if the accounts are in your name.

In New York City, doing so can be considered unlawful eviction or tenant harassment, which could result in legal penalties.

4. Consider Legal Action

If the subtenant still refuses to pay:

• Small Claims Court:

You can file a claim in New York City Civil Court (Small Claims Part) for amounts up to $10,000. This is a straightforward process and you typically don’t need an attorney.

• Eviction Proceedings:

If nonpayment violates the sublease terms, you can initiate eviction proceedings in Housing Court. Make sure to follow proper notice procedures before filing.

5. Terminate the Sublease (If Applicable)

If the subtenant is month-to-month, you can terminate the sublease with at least 30 days’ written notice.

The notice should:

• Clearly state the termination date
• Be delivered properly (certified mail or hand-delivery with proof)

6. Prevent Future Issues

To avoid similar problems:

• Use detailed sublease agreements that clearly outline all financial responsibilities and penalties for nonpayment.
• Monitor utility bills regularly to detect missed payments early.
• Address payment issues promptly to prevent escalation.