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Posted by MikeW on January 09, 2002 at 18:18:51:

In Reply to: Illegal Sublet Rights? posted by Amykins on January 09, 2002 at 17:09:24:

Assuming this is a rent regulated NYC apartment...

Once the LL knows about an illegal sublet, and start the paperwork toward an eviction, you're pretty much out of luck.

If you have the apt illegally, but the LL doesn't know about it, there is a legal concept called illusary tenancy that you might be able to use to get the apartment under your name legally, at the regulated rent. However, I think you need to be in the apartment a substantial amount of time.

: I'm Illegally subletting a studio that is worth way more than i'm paying. here's the deal: the tenant, who i'm subletting from, and I made an oral sublet agreement that I would sublet her place while she went to Asia for a year. She told me that everything would be legalized before she left. I went on vacation and when I came back, she was already gone. I moved in and then found out that the legal tenant did nothing. I'm sending the rent check to another address in upstate (a brother, i think) I haven't heard from the tennant since i moved in - but the super told me that i'm illegally subletting and unless the tenant legalized it - i'm going to be thrown out.
: What can i do - do i have any rights? i can't contact the tenant - i don't have her contact info and only have an address for the person receiving my rent check
: thanks

Follow Ups:

• illusory tenancy is a viable defense even if the landlord knows about an illegal sublet nyhawk 01/09/02 (0)

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Comments:
: Assuming this is a rent regulated NYC apartment...

: Once the LL knows about an illegal sublet, and start the paperwork toward an eviction, you're pretty much out of luck.

: If you have the apt illegally, but the LL doesn't know about it, there is a legal concept called illusary tenancy that you might be able to use to get the apartment under your name legally, at the regulated rent.  However, I think you need to be in the apartment a substantial amount of time.

: : I'm Illegally subletting a studio that is worth way more than i'm paying. here's the deal: the tenant, who i'm subletting from, and I made an oral sublet agreement that I would sublet her place while she went to Asia for a year. She told me that everything would be legalized before she left. I went on vacation and when I came back, she was already gone. I moved in and then found out that the legal tenant did nothing. I'm sending the rent check to another address in upstate (a brother, i think) I haven't heard from the tennant since i moved in - but the super told me that i'm illegally subletting and unless the tenant legalized it - i'm going to be thrown out.
: : What can i do - do i have any rights? i can't contact the tenant - i don't have her contact info and only have an address for the person receiving my rent check
: : thanks


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