illegal sublet issue

[andre]

My situation is somewhat similar to a previous writer (emmy). My LL discovered that I have been living out of town, illegally subletting (though there is no paper trail to prove that any money changed hands). The apt is subsidized at a low rent. I was served with an order to cure but was told that the claim of "rent gouging"is incurable. I'm not interested in expending the energy on fighting for the place as I am living elsewhere and have no plans to return. Similar issue: do I let him evict me and lose it or do I have a "right"to inform him that I'm willing to give it up and (hopefully) be spared the possibility of major liabilities like court costs and remaining rent?

[emmy]

Our situations are very similar indeed. I've decided that the apt is not worth fighting for and I'l like to leave the city asap. I still can't get an answer on the issue of whether to be evicted or offer to give the apt back and try and break the lease. Bottom line: I'd like to avoid any negative legal and financial ramifications by giving it up. That much of your situation seems to be the same. If you get an answer, please forward it asap. I'd be grateful.

[Brooklyn Babe]

Once again depends on your LL, most LL's just want the apt. back and wish to spare the expense of going to court. But if your LL is a real jerk that could be a different story.
Best case scenario, call your LL up and tell him your 'thinking' about surrendering the apt. If you were to do so, would he release you from all future claims, return your security deposit if you left by a certain date? Let him know that once you receive a signed copy of the agreement (by his lawyer or notorized), you will comply. -Try to tape your conversation if it goes your way you can use it later, if it dosen't you never had the conversation (smile).
Worst case scenario- your LL is stupid and starts a proceeding against you. Housing court is very "stipulation agreement" orientated, meaning that both parties are usually encouraged to come to a mutual agreement before going to trial. First question out of 99% of LL lawyers mouths are "How much time do you need to move?" - try to work out the same agreement with the lawyer.
If they insist on going to trial, then they must prove you were illegally subletting and gouging -fight it with all you've got, the last thing you want is an eviction on your record.
Best of luck