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Posted by MikeW on June 21, 2000 at 11:55:54:

In Reply to: do I have any rights? posted by Andre Pogacar on June 21, 2000 at 06:21:53:

If you have a written sublease agreement, the prime tenant is bound by it. Unless you have violated the agreement, he can't just get you evicted. He also can't just lock you out. See the illegal eviction info on this site.

The LL is another issue. Since the LL wasn't informed of, and didn't approve the sublet, he may have grounds for ending the prime tenant's lease, and evicting you.

You and your 'friend' are in a Mexican stand off. The only thing he could do would be to tell the LL about the situation, and the LL will get rid of both of you. You should be pretty well covered, at least till the end of the sublet agreement. In point of fact, you could probably stay longer, because the prime tenant probably wouldn't want to start an eviction proceeding for fear of tipping of the LL to the sublet.

: I live in a 5 story walk up in the east village. I moved in on June 1st, 1999 when my friend moved away. He gave me a written sublease that the landlord is not aware of. I pay the same rent that my friend would have paid.

: My friend and I had a big argument and now he wants to kick me out. Can I approach the landlord and ask for an assignment? What are my rights? I don't think my friend has done anything yet, but will wait until he can come back to NYC to take the apartment back for himself. I don't think he wants to lose it.

: Any help would be very appreciated, even if it is just letting me know where I can go for more information.

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