Posted by Mark Smith on October 10, 1999 at 14:28:24:
In Reply to: Sublease hell posted by Elizabeth on October 10, 1999 at 10:28:59:
I have put a link to the original post (to which I replied) at the end of this message.
When you are in Housing Court Tuesday, ask for an adjournment to get an attorney. The primary tenant is trying to cure the default (subletting without the landlord's consent) by evicting you. You should still try to make a deal with the landlord. You should also sue the primary tenant and the broker for putting you in this situation.
The primary tenant can charge 10% for a fully furnished apartment. With subleases that started before October 1, 1999, the landlord could charge, and the primary tenant could pass along, a 5% sublet surcharge. It's also possible that the primary tenant's original lease was renewed, with a 2% or 4% increase.
: I moved into what turned out to be an illegal sublet on July 3rd, 1999. It is a rent-stabilized apartment in Manhattan, with approx. 20 units . On August 28th, I was served with a notice of termination for the primary tenant, listing me as the occupant, due to lack of permission from the landlord and rent-gouging by the sublessor. (His rent is $867; mine was $1200, for an unfurnished apartment, though he claims it was furnished.) I forwarded the notice to the tenant from whom I sublet, and have contacted and cooperated with the landlord. On Sept. 10, I received a brief note from the primary tenant apologizing for the overcharge (yeah, right) and then demanding payment of rent which is STILL illegal-- $991 per month, still more than legal even if the apartment were fully furnished, which it is not. Then on Friday I was served with an Order to Show Cause by the primary tenant along with the annexed Verified Petition. All my research shows these only being used by tenants against landlords; in this case, I am the tenant and the legal occupant. His occupancy ended in July; his legal tenancy was terminated on September 21st. Regardless, I am supposed to show up at 9:30 on Tuesday in Court. Because of the Monday holiday, I am afraid I will not
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