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Re: HELP! Landlord has denied sublet!

Posted by Mark Smith on September 27, 1998 at 04:49:32:

In Reply to: HELP! Landlord has denied sublet! posted by Melissa on September 25, 1998 at 16:23:27:

: If anyone has any information that could help me, I'd greatly appreciate it!
: The story:
: My friend went to grad school in Memphis and agreed to let me sublet her apt. I moved in a few weeks after we applied to the landlord, and then went on a vacation for a week. When I returned, I was told that the Landlord DENIED the sublease! The reason was that I moved in before they had officially approved of it. (Apparently, they are given 30 days to do this.) So, we re-applied, and are giving them their 30 days again.

: Question: what are my chances of being able to stay? If they deny the sublease, what should I do? My friend can't afford an attorney, and I don't even know how much one would cost.

: This is a relatively low-cost rent controlled apt, and it's obvious that they just want to get my friend out (and me, in the process) so that they can raise the rent. what are my rights here?

: please email me or post any answers you may have.
: thank you!

If the apartment is rent controlled, as you stated, there is no right to sublet. If it is rent stabilized, there is a right to sublet, requiring the landlord not to be unreasonable. But what is unreasonable is subject to interpretation. If you have to go to court, it can be dangerous and expensive. But if you and your friend win, your friend may be entitled to attorneys' fees (Real Property Law 234), if the lease provides for attorneys' fees for the landlord.

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