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Re: Sublet problems CLARIFICATION

Posted by Anna on May 18, 2000 at 12:33:08:

In Reply to: Re: Sublet problems CLARIFICATION posted by a. sellars on May 18, 2000 at 10:18:06:

: Sorry about the vagueness.

: By "the city" I mean New York City (is there any other?)
: My friends lease does not expire till March 2001 (he signed a two year lease in March 1999).
: The leaseholder (my friend) charges me the rent as stated on the lease.
: I am sure the apartment is rent stabilized (not rent controlled).

: I am getting the feeling that he cannot require me to move out in two weeks. 30 days, yes but two weeks, no. They wanted to kick both of us out that day or take us to court immediately.

: A. sellars

: : I subletted my apartment from a friend last July who went to house sit for a year in the city. The rent has been paid on time and I have been a model (sub)tenant. One day the landloard called to ask the tenant why the rent checks were certified checks. He told him that he was going to be out of the apartment till May of this year. The landlord said that was fine. May came around and my friend had still not moved in but was planning to in the next few months. Today (May 17th) we got an angry call from the landlord saying that we both had to move out of the apartment immediately or he was going to sue. We have since calmed him down and he has agreed to give me till the end of the month and starting June my friend must be living here.

: : Any hope of my staying?

: : a. sellars

Again: it will take him a couple of months to evict (if he wins!), not a couple of weeks.

If the apartment is stabilized AND the landlord is following the rules, the tenant's lease will be on the correct DHCR form; about 1/3 down is a section spelling out the increases for a 1 and 2 year lease, i.e., 2%-4% increase.

Call, go to, or email DHCR: ask for a Rent History. This listing of registered rents is only available for apartments that are or were stabilized between 1984 and now. It will be sent to Occupant at the apartment address.

Regardless of the apartment status, you & the tenant & the landlord have a verbal sublet agreement. If the landlord denies this, he will start holdover eviction proceedings against the tenant for either 'illegal sublet' or 'non-primary residence". RPL 226-b (and probably the lease) requires written pre-approval to sublet.

You both need to learn about this NOW.

Start here:

You can also search on this board & in the Housing Court Decisions section for the two types of lawsuits above.

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