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Posted by Mark Smith on August 17, 1999 at 13:55:34:

In Reply to: Verbal eviction notice [posted by Mark Smith] posted by DA Lester on August 17, 1999 at 12:40:41:

Assuming that this apartment is in New York City, it could take several months to evict you, even if you didn't put up much of a fight. And the landlord would have to give written notice of which terms of the lease are being violated, possibly with the opportunity to cure the default(s), before going to housing court.

Your message isn't totally clear. Did you actually sublet the apartment with the permission of the landlord? Did you sublet without the permission of the landlord? Or did you come in as a roommate? Regarding your roommate: did you bring her in as your roommate, or did the woman who moved out bring her in as her roommate? By the way, unless the landlord consents, you have no right to take over the lease.

If both of you really want to keep the apartment until the expiration of the current lease, or possibly two years longer, there could be several ways to do it. Your dog presents a more immediate problem. But even if the landlord won at trial, on the dog issue only, you would still have at least 10 days to get rid of the dog, to cure the default. However, illegal subletting is generally not a curable default in a rent regulated apartment.

: HELP!

: I am currently sub-letting, and was told, that once the person who I am sub-letting from moved out, I could take over the lease. I was very upfront about the fact that I have a small dog. I was told by this person that would be ok.

: Well, as you have probably guessed, she lied. Out she went, in I came with the dog, down swooped the nazi-super, and now the landlord has told my room-mate and me that we are being evicted. As I understand things, he cannot do this without proper written notice.

: I apologized and explained that the other girl had lied and that I would search for another apartment immediately. Well, a week has gone by and now the threatening phone calls have started.
: Basically, I have not signed the lease. Do I have any rights? What are my room-mates rights? I am hoping

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Comments:
: Assuming that this apartment is in New York City, it could take several months to evict you, even if you didn't put up much of a fight.  And the landlord would have to give written notice of which terms of the lease are being violated, possibly with the opportunity to cure the default(s), before going to housing court.

: Your message isn't totally clear.  Did you actually sublet the apartment with the permission of the landlord?   Did you sublet without the permission of the landlord?  Or did you come in as a roommate?  Regarding your roommate: did you bring her in as your roommate, or did the woman who moved out bring her in as her roommate?  By the way, unless the landlord consents, you have no right to take over the lease.

: If both of you really want to keep the apartment until the expiration of the current lease, or possibly two years longer, there could be several ways to do it.  Your dog presents a more immediate problem.  But even if the landlord won at trial, on the dog issue only, you would still have at least 10 days to get rid of the dog, to cure the default.  However, illegal subletting is generally not a curable default in a rent regulated apartment.  

: 
: : HELP! 

: : I am currently sub-letting, and was told, that once the person who I am sub-letting from moved out, I could take over the lease. I was very upfront about the fact that I have a small dog. I was told by this person that would be ok. 

: : Well, as you have probably guessed, she lied. Out she went, in I came with the dog, down swooped the nazi-super, and now the landlord has told my room-mate and me that we are being evicted. As I understand things, he cannot do this without proper written notice. 

: : I apologized and explained that the other girl had lied and that I would search for another apartment immediately. Well, a week has gone by and now the threatening phone calls have started. 
: : Basically, I have not signed the lease. Do I have any rights? What are my room-mates rights? I am hoping 


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