Subletter Has Made Me Homeless!!

[inmanx]

My lease ends in November. Since my sublet was not done through my landlord, I was reluctant to call him. But now this lady is not even paying next month's rent. Shoudl I file for non-payment in court?

[consigliere]

inmanx asked:
 
My lease ends in November. Since my sublet was not done through my landlord, I was reluctant to call him. But now this lady is not even paying next month's rent. Shoudl I file for non-payment in court?
 
DO NOT bring a non-payment proceeding. A non-payment proceeding would indicate a valid tenancy.
 
Instead, bring a holdover proceeding, and ask for any unpaid rent for the period when there was a valid tenancy and ask for use and occupancy for the period when the tenant was holding over.
 
You better not be charging more than a 10% surcharge for a fully-furnished apartment. And your landlord is entitled to a separate 10% surcharge for your subletting to your subtenant.
 

[Lilly]

Look, unless you are willing to be pro-active, to advocate for yorself, enlist the police to help you since YOU ARE THE ONE who has been evicted
and take back what is yours, then all the advice given here is useless. It's been a week- what are you waiting for?