Posted by Rowena on September 30, 1997 at 16:15:52:
In Reply to: sublessor's rights? posted by Nancy on September 29, 1997 at 18:19:40:
: This might be a frequently asked question but I need help. I am currently
: subletting a rent stabilized apartment and the sublease terminates Nov.1.
: The prime tenant is not renewing her lease. The management company intends
: to renovate the apartment (during a 2 month period) so they can hike up
: the rent more than the maximum 20%. Do I have any rights as a subleaser to
: renew the lease before they renovate. What can happen if I refuse to
: vacate the apartment? I know it is very difficult to evict tennants,
: but is that also the case with subletters?
You have no rights as a sublet other than what you can negotiate with the
owner. If they allow you to take it under your name, you would most likely
have to absorb the increase, which can be 20% vacancy, plus the longevity
increase if the prior tenant had been there more than 8 years plus 1/40
of all improvements. If that brings it to above $2,000 then you lose
stabilization status. If you refuse to vacate, they will take you to
court, and it is becoming less and less difficult to evict. You might
buy yourself a month or so.
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