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Posted by Mark Smith on July 22, 2000 at 00:39:28:

In Reply to: subletter snowed by landlord posted by Joanne Hudson on July 21, 2000 at 15:56:24:

I hope the woman has proof that she paid $6,000 and that it covered June, July, and August. Does she have a receipt? Did she pay by cash, check, money order, credit card, or debit card?

If she has proof that she has paid through the end of August, legally she should do nothing. But she should be prepared, just in case the owner of the co-op apartment tries to lock her out illegally. She might want to change the locks to be on the safe side.

The co-op board may be trying to terminate the proprietary lease of the owner of the co-op apartment, and he might think he can cure his default by illegally locking the woman out. Legally, the co-op board has to terminate the proprietary lease of the owner of the co-op apartment, and then go to housing court to evict the tenant, who is the owner of the co-op apartment, and the subtenant, who is the woman from India.

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: A girl in my office here from India as a summer intern sublet an apartment in NYC (a co-op) for 3 months. The landlord has her money $6,000 and now the board says she can't stay. She's supposed to be out by July 28th even though she paid through August 31st. The landlord illegally sublet it, but she knew nothing of co-op bylaws. She signed no lease, which she was told was common with sublets. Now the landlord says she has to move and is blaming her for his getting caught illegally subletting by the board. He says she has destroyed his "source of income" by not lying and saying she was a relative. It's doubtful she will get her money back from this guy. She has to be out in a week, can't find a place that will rent to her for one month and has no money left if she could. What can she do?

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Comments:
: I hope the woman has proof that she paid $6,000 and that it covered June, July, and August.  Does she have a receipt?  Did she pay by cash, check, money order, credit card, or debit card?  

: If she has proof that she has paid through the end of August, legally she should do nothing.  But she should be prepared, just in case the owner of the co-op apartment tries to lock her out illegally.  She might want to change the locks to be on the safe side.  

: The co-op board may be trying to terminate the proprietary lease of the owner of the co-op apartment, and he might think he can cure his default by illegally locking the woman out.  Legally, the co-op board has to terminate the proprietary lease of the owner of the co-op apartment, and then go to housing court to evict the tenant, who is the owner of the co-op apartment, and the subtenant, who is the woman from India.  

: 
: :
: : A girl in my office here from India as a summer intern sublet an apartment in NYC (a co-op) for 3 months.  The landlord has her money $6,000 and now the board says she can't stay.  She's supposed to be out by July 28th even though she paid through August 31st.  The landlord illegally sublet it, but she knew nothing of co-op bylaws.  She signed no lease, which she was told was common with sublets.  Now the landlord says she has to move and is blaming her for his getting caught illegally subletting by the board. He says she has destroyed his "source of income" by not lying and saying she was a relative.  It's doubtful she will get her money back from this guy.  She has to be out in a week, can't find a place that will rent to her for one month and has no money left if she could. What can she do?


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