Posted by Mark Smith on October 31, 1998 at 04:46:51:
In Reply to: Illegal subleter WANTS lease posted by Chris Bauer on October 30, 1998 at 11:18:36:
: Our landlord is currently trying to evict the
leased tenant out of the apartment. We are listed as
John & Jane Doe on the court papers. We assume that
if he is granted the eviction, we will be evicted
too. Is that correct?? or Once the landlord evicts
the leased tenants, does he then have to evict us in
a separate case?
: Meanwhile, we have been speaking to the landlord
and he has said that he would grant us a lease on
this apartment at $3,500, up from $1,386 a 150%
increase. This is a rent stabalized apartment. Can
he do that?
: If he does do that what should we do? Should we
sign the lease and bring him to court or file an
overcharge complaint with the DHRC?
: Our next court date is 11/9. Any help would be
: This is a fabulous site. Thanks.
If the lanlord has been negotiating with you, then he knows who you are and should have named you in the court papers -- not just JOHN DOE and JANE DOE. You could bring a motion to dismiss for failure to name a necessary party. However, the landlord can bring the proceeding again and name you as a party.
The landlord would be entitled to a vacancy increase of at least 20% for a 2-year lease. Before signing a lease for $3,500, I would contact an attorney experienced in residential landlord-tenant matters. In the lease, the landlord may propose certain improvements in the apartment. Those improvements, plus the vacancy increase, could push the rent above $2,000 and remove it from rent regulation.
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