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Posted by MikeW on November 04, 1998 at 15:08:00:

In Reply to: Re: Illegal subleter WANTS lease posted by richard on October 31, 1998 at 18:22:55:

Richard,

QUOTE -----------------------

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....

END QUOTE -----------------------

Where are you getting this from? I have never heard of this before. I know of nothing
that would require a landlord to give a lease to an illegal sublettor a lease. Now if the
LL is not planning on gutting the apartment, he may be inclined to give the sublettor a lease,
especially if it makes it easier to get rid of the primary tenant, but that is the LL's option.

On a straight renewal, the LL is entitled to the 20% vacancy increase.

Finally, going after the prime tenant is probably a good idea. The sublettor would be entitled
to TRIPLE the amount of all overcharges.

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Comments:
: Richard,

: QUOTE -----------------------

: 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....

: END QUOTE -----------------------

: Where are you getting this from?  I have never heard of this before.  I know of nothing
: that would require a landlord to give a lease to an illegal sublettor a lease.  Now if the
: LL is not planning on gutting the apartment, he may be inclined to give the sublettor a lease,
: especially if it makes it easier to get rid of the primary tenant, but that is the LL's option.

: On a straight renewal, the LL is entitled to the 20% vacancy increase.

: Finally, going after the prime tenant is probably a good idea.  The sublettor would be entitled
: to TRIPLE the amount of all overcharges.


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