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Illegal subletters, damaged building told vacate immediately

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Illegal subletters, damaged building told vacate immediately

Postby oldgrowler » Fri Jul 01, 2011 2:05 am

we're subletting in a three-unit building. They're doing work on the roof and there was damage. They had to put support beams in the fourth-floor unit to hold the roof up. We sublet from the person int he fourth-floor unit. She told us we have to vacate immediately. I know this is not true. I plan on telling her we're not going without an eviction notice. We've never dealt with the true landlord, but know who that is. Should we call and hear what he has to say?

Also, if the building is unsound, can we be forced to leave? There was no notice on the door from the city declaring it unsafe. No building inspectors were here.
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Postby TenantNet » Fri Jul 01, 2011 3:31 am

You can’t be forced to leave without a vacate order (usually by Dept of Buildings) or by a court order.

Your situation is complicated by you're being a sublet (which is really a separate issue). You could have an attorney negotiate the terms of your temporary vacating, such as paying for lodging, etc. The police could be called if the owner tries to force you out. But be prepared to show the police a sublet agreement (police are notoriously anti-tenant and I have seen them illegally force people out).

You might also have an architect or engineer take a look at the situation and give an opinion as to whether vacating is really necessary. Having said that, replacing joists (the roof beams) can be dangerous.

(parts of the above came from a tenant attorney's opinion on a different matter, but still valid IMHO)
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