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Re: Completely Screwed

Posted by Ace on April 24, 2001 at 17:17:05:

In Reply to: Completely Screwed posted by John Power on April 23, 2001 at 16:51:50:

If the apartment was rent stabilized and the tenant sublet to you, the tenant has a right to sublet -- the tenant merely had to notify LL in writing and the LL cannot unreasonably deny the request. Then tenant can sublet for two years out of the four they live there and must prove to LL that apartment is still their main residence and must come and live in the place after subletting to you is over. So the two years is about right.

If you've been paying the tenant directly instead of the LL, then you don't have a leg to stand on. You were subletting from the tenant so in essence, the tenant was your LL, not the LL -- so it looks like as far as the tenant is concerned, everything was done properly.

A rent stabilized tenant cannot re-assign their responsibilities as tenant of their apartment over to a subtenant.

: I'm about to be evicted from my sublet appartment of two years. I was recently discovered by my landlord as not being the tenant whose name was on the lease and came forward to try and negotiate a settlement to transfer the lease into my name from that of the tenant I was subletting from. I arranged to have my friend renounce the lease in order that I would have a chance to claim it. Well it looks like I've been declined.
: Do I have any form of redress in Housing Court? I've been told that on receiving an eviction notice, any day now I assume, I then have the option to file an "Order to Show Cause". Is this true, and if so, do I have any chance of receiving a favourable judgement?

: I'm worried that I could be thrown out immediately because as of this moment there is no legal leaseholder for this appartment. I have numerous bills & bank statements from the last couple of years but no direct proof of my making rent payments, this was all done through the original leaseholder.

: This is a rent-stabilzed building,(ie. not a co-op), which leads me to question why we were forbidden from an above board sublet contract. The whole reason for the deception was that the building's landlord had forbidden my friend from subletting the apartment.

: Any advice or suggestions would be greatly appreciated.

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