My landlord terminating a lease

[Darya8]

I've been doing Airbnb for over 2 years renting a couch in a living room of an apartment where I live all the time.

Airbnb says that in NYC you can do short-term rental if you present in an apartment. However, a landlord reached out to me today, saying that they are going to terminate my lease because I broke agreement with refers to the same law (which I believe I didn' break). Also, they said I compromise them by breaking the law which I tried to explain.  Nobody wanted to talk to me, and a representative said that I'm going to hear from their lawyer.

Now I'm very confused, and of course, upset. I trusted the information I've read here and in the Multiple Dwelling Law. But seems like I'm going to be kicked out of my apartment. Please advice.

Thank you!

[Gordon0]

While renting out a space within the apartment you live (full-time) may be OK from a NYC law perspective, @Darya8, your building rules may prohibit the same. I don't imagine Airbnb will be able to do too much, so going through your lease with a fine-tooth comb would be my suggestion.

Additionally, see if you can connect with some others in the same situation, perhaps via a NYC Airbnb Facebook group?

Good luck.  

[Helen3]

Hello @Darya8 

A little confused by your post.

Are you saying that your lease says you are allowed to sub-let but now the landlord is evicting you for doing so?

And what does your city legislation regarding STRs have to do with your lease (two completely seperate issues). Could you rephrase?

[Lisa1831]

@Darya8 Your lease is what you agreed to so like @Gordon0 go over it carefully. 

I posted on here not to long ago a warning about getting evicted .

https://community.withairbnb.com/t5/Hosting/You-Could-Get-Evicted-My-Host-did/m-p/1009961#M251025

Hope things work out. If you have reservations you need to cancel if are definitely getting evicted. Do not wait to the last minute or You will be wreaking havoc on someone's life.

[Delphine-And-Michael0]

Does your lease allow for subletting?  If so does it state for how many subletters you are allowed?

In your case you having up to two subletters, you may be allowed for one not two.

There may be a clause  addressing No STRs.

Your building may strictly forbid it, which also might be stated in your lease that you must comply with building rules.

Does your lease require renters insurance that you needed to produce to the landlord that does not cover STR subletting?

in your case it looks like you are compliant with NYC provided you do not have locks on any internal doors.  Now if the landlord saw you have a lock on your bedroom for example he can reference that as a NYC homesharing violation.

[Michael2710]

How did this situation end?