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Posted by tofu on November 29, 2001 at 01:24:17:

I posted this awhile ago but my situation has changed a bit:

Here is my situation. I am subletting from a tenant whose lease has ran out. Apparently the sublet is illegal because she did not inform the mananagment company becase when she brought the subject up before they said that the subletter would have to pay an increased rent. Anyway, I contacted the management company to see if i could stay till feb. I am buying a place. they responsed by saying the current tenant is in default of their lease and that I can apply for the apartment but must pay the increased rent(no problem with that) but also the 15% brokers fee. they also have a brokers license.

I sent a check in for the past month and they have not cashed it or admitted to receiving it when I said i sent it.(i know certified mail next time!)

I guess i want to know if I do end up in court, one what would the timing be? is there a backlog that would permit me to stay till feb. or if i end up paying would a judge most likely just award the amount for rent. also what is the length of time to file a holdover petition by the landlord

any advice on how i should proceed with the managing agent? I still want to resolve it w/o court. I keep insisting on a month to month w/o a fee(c'mon for no work and for 3 months ) i am at a point where i need to respond to the management company.

please respond and thank you for any help.

Follow Ups:

• Re: Sublet situation Lilly 11/29/01 (1)
  • Re: Sublet situation Stacy 11/29/01 (0)

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Comments:
: I posted this awhile ago but my situation has changed a bit:

: Here is my situation. I am subletting from a tenant whose lease has ran out. Apparently the sublet is illegal because she did not inform the mananagment company becase when she brought the subject up before they said that the subletter would have to pay an increased rent. Anyway, I contacted the management company to see if i could stay till feb. I am buying a place.  they responsed by saying the current tenant is in default of their lease and that I can apply for the apartment but must pay the increased rent(no problem with that) but also the 15% brokers fee. they also have a brokers license.

: I sent a check in for the past month and they have not cashed it or admitted to receiving it when I said i sent it.(i know certified mail next time!)

: I guess i want to know if I do end up in court, one what would the timing be? is there a backlog that would permit me to stay till feb. or if i end up paying would a judge most likely just award the amount for rent. also what is the length of time to file a holdover petition by the landlord

: any advice on how i should proceed with the managing agent? I still want to resolve it w/o court. I keep insisting on a month to month w/o a fee(c'mon for no work and for 3 months ) i am at a point where i need to respond to the management company. 

: please respond and thank you for any help.


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