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Re: Really complicated illegal residential sublet

Posted by Glen C. Rosenberg, Esq. on December 16, 1998 at 21:55:57:

In Reply to: Really complicated illegal residential sublet posted by Jodi on December 12, 1998 at 19:04:20:

: I have a really complicated situation:
: I sublet (verbal agreement for now over 2 years) in Brooklyn the
: top floor of a two-story warehouse (original lease is commercial). We live
: here - building old enough to bypass commercial zoning, but definately not
: up to code.
: The building was bought by someone, and the lease runs out next year.
: We want to continue living here, and hopefully have our own lease but:
: 1. Landlord wants space for themselves or a friend.
: 2. We estimate $10,000 worth of work has been done on space since we moved
: in. Can we take the toilets, baths etc? - If we don't get paid for it.
: 3. How long can we reside here past the lease date? How long to evict? If
: it's technically a commercial lease (even though they know we live here)
: can they just enter the premises after the lease runs out and chuck our
: stuff on the street?
: 4. No heat has ever been provided - is that legal?
: 5. What the hell are our rights in ths situation?

1. Landlord/new owner can do whatever he wants with the space, as you are using commercial space for residential purposes. Further, without a written lease (staute of frauds applies here) there is no proof that you can stay even till years end, let alone end of lease (you will need an attorney).
2. No chucking allowed. New owner must commence a formal eviction proceeding which will provide you with at the very least 2-3 months to leave, if not more. There are ways of buying more time. I know, as an attorney.
3. MUST PROVIDE HEAT. No ifs, ands, buts about it.
4. You may take the fixtures that you have added to the apartment, but do you really want to take a toilet? Yuck.

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