Subletter problem.

[mark_ezov]

I am the lease-holder on a three bedroom loft in an industrial building. I moved out a couple of months ago and the three rooms are being let to three seperate individuals, one of whom will be added to the lease when I resign it shortly.

One of the other guys demanded to be put on the lease. He said that he was going to the landlord and get on the lease, if I didn't want him to do this, I would have to cut his rent by $100. He was hoping that the landlord would not know about my sublet and would void the lease and he would be ablt to take it over.

Obviously, he can't just get on the lease because he wants to, therefore he will not be on the lease.

I want him to move out now because I don't know what his agenda is...will he try to screw something else up for me now because it did not work out in his favor? My friend who will be added to the lease does not want to live with him any more because he doesn't seem trustworthy after his extorion attempt.

After reading a few other posts on the board, it seems that I can give him 30 days notice in writing because he is a month to month tenant. Is this the case for me or are there other factors that I must take into consideration? What are his rights vs. my rights?

Also, are there any rules regarding how much the rent can increase in this type of situation. The rent will go up quite a bit when the lease is resigned and thus I will charge the subletters more...

Thanks for your help.

Mark

[Chimera]

In non-regulated apartments there is no ceiling on how high the rent can be raised. Therefore, you are within your rights to raise the rents of your sublettors for any reason. Since the sublettor in question is a month-to-month tenant, he must be given notice 30 days before the end of his rental term. This means that if he pays his rent on the first of every month, he needs to be served with the notice no less than 30 days before the last day of the month. This notice must clearly state that his tenancy is being terminated within these 30 days, and that you intend to take legal action if he does not leave. Best bet would be to get a professional process server to deliver this notice, and have your lawyer draw up the notice of termination. Since this guy seems like he might be a trouble maker, be prepared for the possibility of a drawn-out ordeal which might include court.