Illusory Tenency Proceedings

[RJMNG]

Can anyone who is living in an illegal sublet file an Illusory Tenancy Proceeding?

In other words, if someone sublets their apartment illegally, can that subtenant very easily turn around and take that apartment away from the primary renter, even if there is a signed sublease between the two, and the subtenant is not being overcharged?

And even if the sublet is only for about 6 months or less?

[HAJ77]

Illusory Tenant is almost exclusively the domain of rent regulated apartments. If it's a non-regulated apartment, they'd just start an eviction and refuse to renew the lease.

[Lilly]

it has to have been going on for a long time, say, years. If the the prime tenant hasn't actually lived in the apartment for along time and has constantly sublet it, then you might have a case for what you're looking for but don't get your hopes up that you're going to be asble to get the apartment. Aside from many variables, even if it were that, first you need about $10,000+ and a lawyer.

[MikeW]

I don't think it would have to be that long. For a sublet that was never announced to or approved by the LL, it would only have to be long enough for the prime tenant to be liable for a nonprimary residence claim (6+ months?). I tend to think if it was long enough for the LL to throw the tenant out, it would be long enough for the subtenant to file an illusory tenancy claim to the lease.