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Posted by richard on October 31, 1998 at 18:22:55:

In Reply to: Re: Illegal subleter WANTS lease posted by John on October 30, 1998 at 23:18:54:

CFB62@aol.com wrote:

> That is way too abstract for me to understand. Can you explain it to me. "or
> else" what?

Well thats why you hire a lawyer...........to find out the "or else "!!

The landlord is probably trying to evict the tenant on non primary residence
grounds....he does not live there.... you do....

Are you paying more then the legal rent of the apartment???
Then you could claim an illusory tenancy and sue the tenant for back rent
overcharges....then if a judge finds that you were overcharged from the tenant who
is on the lease the landlord usually will be forced to give you a rent stabilized
lease....

and $3500 is way too much he is entitled to a vacancy increase somewhere
around 20 to 25 %.....so $1600 to $1750 would be reasonable and legal......if he
got you out,, then he would be entitled to the increase plus any rennovation
costs then once over $2000..he could get it deregulated and charge $3500 if
anyone would pay it.....but its not that easy......

Now do you see why BOTH OF YOU should not go to work next week, ask for an
advance of your vaction and sick days and give it to a lawyer...

Thats if you want to stay in the apartment.......you could always leave

Richard
Manhattan

: : I am your Landlord no dice on your becoming my tenant... and I agree this is a WONDERFUL site

: This is the reason why I hate landlords. They own these fucked up buildings and expect to profit from the working poor. I hope all your tenants form a tenants association and force you to fix the building.

Follow Ups:

• Illegal subleter doesn't have any right to lease MikeW 11/04/98 (0)

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: CFB62@aol.com wrote:

: > That is way too abstract for me to understand.  Can you explain it to me.  "or
: > else" what?

:   Well thats why you hire a lawyer...........to find out  the "or else "!!

:   The landlord is probably trying to evict the tenant on non primary residence
: grounds....he does not live there....  you do....

:   Are you paying more then the legal rent of the apartment???
:    Then you could  claim an illusory tenancy  and sue the tenant for back rent
: overcharges....then if a judge finds that you were overcharged from the tenant who
: is on the lease  the landlord usually will be forced to give you a rent stabilized
: lease....

:  and $3500 is way too much   he is entitled to a vacancy  increase  somewhere
: around 20 to 25 %.....so $1600 to $1750  would be reasonable and legal......if he
: got you out,, then he would be entitled to the increase plus any rennovation
: costs  then once over $2000..he could get it deregulated and charge $3500 if
: anyone would pay it.....but its not that easy......

:  Now do you see  why  BOTH OF YOU  should not go to work next week, ask for an
: advance of your vaction and sick days and give it to a lawyer...

:  Thats if you want to stay in the apartment.......you could always leave

:  Richard
: Manhattan


: : : I am your Landlord  no dice on your becoming my tenant... and I agree this is a WONDERFUL site

: : This is the reason why I hate landlords. They own these fucked up buildings and expect to profit from the working poor. I hope all your tenants form a tenants association and force you to fix the building. 



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