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Leaseholder had police break in

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Leaseholder had police break in

Postby rlyfedup » Sat Jun 17, 2017 3:31 pm

I'm a subtenant in a rent stabilised unit where the leaseholder has not lived for at least 5 years, I pay the rent to the LL directly and have little communication with the leaseholder. The LL sent a notice that they will not be offering a lease renewal due to a succession of illegal subtenants and the leaseholder doesn't maintain the apartment as a primary residence.

I haven't seen the leaseholder for almost a year and late the other night he tried to gain access to the apartment with no notice and without my consent. He has keys to front door but not the building, the apartment door was locked from the inside and he couldn't get in so he called the police and had them break the door down, he told them he lived there so they left immediately after(despite the fact that we had also called them worried someone was trying to break into the apartment).

My question is: Being that there is more than enough proof that he doesn't live there or pay the rent, is it legal for him to access the apartment whenever he chooses and not give the current tenants any notice?
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Re: Leaseholder had police break in

Postby TenantNet » Sat Jun 17, 2017 4:52 pm

Several issues here.

He appears to still be the tenant on the lease. So he has some rights. He's acting (or should be acting) in the capacity as your landlord, even though you're paying the rent to the real LL.

The police are horrible when it comes to tenant issues and will often do the wrong thing. Did he show proof of tenancy to the police? He most likely does have rights of access like any LL, but unless there's an emergency, there has to be advance written notice. See the 2 threads on access in the Forum Reference section.

What did the police do when you explained that you are the subtenant and that he hasn't lived there for years?

You say you pay rent directly to the LL. Do you pay by check in your own name? Or is it paid in the name of the tenant? That can be important. Does the LL know you are the sublet and he's still accepting rent from you?

You might have a claim to the unit if the LL is successful in his claim of non-primary residency. That will depend on many factors, i.e., how long has the tenant actually not been in residence, was/is the sublet "legal" with the permission of the LL and other things.

You don't say if you are interested in assuming the tenancy. If so, you would need the LL's acceptance of you, or you could litigate it with a claim that you now have a LL/tenant legal relationship due in part to his acceptance of rent from you.

This stuff can get incredibly complicated. Most likely the notice of non-renewal from the LL that started all this is known as the "Golub Notice" and won't be operative until the current lease expires. At that time the LL can commence a non-primary proceeding against the legal tenant. He would likely add you to the case as a "John Doe" in that he would be seeking possession from anyone residing in the unit.

If you're interesting in succeeding, you could move to join the proceeding on your own. I would consult with a tenant attorney ASAP to get a better assessment of your rights and an explanation as the best way to proceed.

Another thought. Is the tenant charging you excess rent more than the legal rent? If he is profiteering that can also be brought in on all of this.

Given the LL's notice, the tenant might want to move back in to save his tenancy. That might not work for him. But aside from that you are still living there and he can't just waltz back in. I'm assuming here you are a sublet of the complete apartment and not a roommate (does he still have a room that is exclusive to him?). If he wants you out, he has to take you to court.
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Re: Leaseholder had police break in

Postby rlyfedup » Sat Jun 17, 2017 9:55 pm

He said he showed them his ID along with his most recent renewal lease. My roommate explained to the police that he didn't live in the apartment but they didn't believe her, said there was nothing they could do and left.

I pay the rent from my bank account directly through the LL companies online payment service and they have been accepting the payments for about a year. Since I have access to this log in service I know I'm not overpaying for rent. The leaseholder doesn't hold a room, the two rooms in the unit are occupied. In the notice my roommate and I are down as an "unauthorized individuals", my roommate has consulted a tenants lawyer and they determined that neither of us would have claim to the unit(I believe this is because I have only lived there for 3 years).

At this point I have no interest in taking over the unit even if I could(the LL company is a nightmare, they've made the top 10 worst LL's), staying long enough to see the eviction notice come through or being involved in any legal recourse. The law doesn't seem to be on my side so I'm ready to jump ship and sign my own lease somewhere else. Do I have a time limit to give him notice that I'm moving out or not as there are no written agreements?

I'm not sure how my roommate or the leaseholder will be proceeding, do I have to worry that if the LL start to evict and the leaseholder loses his case that my name will tarnished in any way or I'll be dragged into court? I also pay coned from my account, internet, have this listed as my address for all my bank accounts and have filed taxes with it as my primary residence for 3 years.
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Re: Leaseholder had police break in

Postby TenantNet » Sat Jun 17, 2017 10:34 pm

rlyfedup wrote:He said he showed them his ID along with his most recent renewal lease. My roommate explained to the police that he didn't live in the apartment but they didn't believe her, said there was nothing they could do and left.


It's a two-edged sword. The police are supposed to deal with illegal evictions (although they most often don't). Nevertheless based on what you've said here, this is not an illegal eviction. In this instance they should have said it's a civil matter and the parties should take it to the courts.

rlyfedup wrote:I pay the rent from my bank account directly through the LL companies online payment service and they have been accepting the payments for about a year. Since I have access to this log in service I know I'm not overpaying for rent.


OK, so document that you've been paying rent to the LL in your name, and the defense would be that there is now a landlord-tenant relationship and therefore you have tenancy rights.

rlyfedup wrote:The leaseholder doesn't hold a room, the two rooms in the unit are occupied. In the notice my roommate and I are down as an "unauthorized individuals", my roommate has consulted a tenants lawyer and they determined that neither of us would have claim to the unit (I believe this is because I have only lived there for 3 years).


I've not familiar with a three-year limitation. Was this a real tenant attorney? (please send me the name of the attorney by Private Mail). I'm not saying the attorney is incorrect, only that I've not heard of this.

rlyfedup wrote:At this point I have no interest in taking over the unit even if I could (the LL company is a nightmare, they've made the top 10 worst LL's), staying long enough to see the eviction notice come through or being involved in any legal recourse. The law doesn't seem to be on my side so I'm ready to jump ship and sign my own lease somewhere else. Do I have a time limit to give him notice that I'm moving out or not as there are no written agreements?


I don't think there's any time limit for you to give a notice. When the lease is up, it's up. If you want more time, you can negotiate for that. A tenant attorney can often negotiate for more time (I've seen up to 18 months).

rlyfedup wrote:I'm not sure how my roommate or the leaseholder will be proceeding, do I have to worry that if the LL start to evict and the leaseholder loses his case that my name will tarnished in any way or I'll be dragged into court? I also pay coned from my account, internet, have this listed as my address for all my bank accounts and have filed taxes with it as my primary residence for 3 years.


So if you're ready to jump ship, then with all that baggage, I'd start moving it ASAP. You don't want, or need the complications.
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Re: Leaseholder had police break in

Postby TenantNet » Sat Jun 17, 2017 10:40 pm

While you're at it, get a rent history from DHCR. See what the real rent is and if there are any unexplained jumps over the years. The LL might be charging an illegal rent, and so can the primary tenant. If there's an overcharge, that give you leverage.
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