Leaseholder moved out, keeping lease and overcharging rent

[liveinbrooklyn]

Hello,

I live in an old factory building in Brooklyn. It is not up to code- and I don't think it has a certificate of inhabitants (someone said this.. not sure what it means). We live in a four bedroom apartment. The leaseholder just moved out but is keeping the apartment. Meaning= he is overcharging us rent (making a profit) and keeping his name on the lease. What are our options?? Can we call management and tell them this? Can we refuse to pay over the rent stated in his lease? Is it legal for him to do this?

Any help or suggestions would be much appreciated.

Thank you!

[TenantNet]

You mean Certificate of Occupancy (C of O) which some buildings have and others don't.

Appears you're talking about a Loft Building, which is an entire discussion in itself. You should become familiar with the Loft laws, which are complex and differ to some degree with regular apartment regs.

Have you spoken to your neighbors (if any). They might know the status of the building and to what extent the building might be covered by rent rules. You could also check in with a number of Brooklyn tenant organizations depending on which part of BK you reside. For example, People's Firehouse is in Williamsburg. (where a good number of lofts are). There used to be the Lower Manhattan Loft Tenants, but I don't believe that groups still exists. You can probably pick-up a lot just by Googling "loft laws" or "loft tenants".

It's possible the tenant's overcharging you might be illegal, but if it's an illegal loft, I'd be cautious about doing anything until you've fully researched it. Do NOT call the LL now. Wait until you've done your homework.

[liveinbrooklyn]

Hello- so the leaseholder's lease is actually expired. Does this mean that he has no rights to the apartment?

He is threatening to dismantle the rooms he put up.... is that legal if we paid to rent the rooms?

Also--- if we are living in the loft... and anyone wants to evict us.. how many days would we have to move?

Thanks.

[TenantNet]

No, IMO that would be "constructive eviction" which is illegal. Research "illegal eviction" on this forum and in the forum reference section.

Whether he has rights to the unit is a legal issue. If the lease has expired, then he might not -- but again, it depends on a lot of issues relating to loft apartments. Of course any rights you might have to the unit are also a question.

But in order to evict you, or to dismantle rooms or fixtures, either the prime tenant or the building owner -- they have to go through the courts, not self-help. That means it is a process, not a few days. If he threatens you, call the police. You might also speak with a lawyer that has experience in loft issues.

[liveinbrooklyn]

Sorry, not following your first paragrah and what it is in reference to. What would be 'constructive evition'?

If his lease is expired- and he has moved... does he have rights to the apartment?

Thanks. Trying to find legal advice- People's Firehouse?