Legal Sublettor won't move out!

[goldbourbon]

Hi,

My sister legally subletted her rent-stabilized apartment to someone. The sublet expires in 2 months and my sister wants to move back in. The sublettor refuses to move out of the apartment at the end of the 2 months. Further, the sublettor states that she has a "lease" signed by my sister that allows her to stay there another year. I KNOW my sister never signed this lease and my sister has made repeated requests from her to get a copy of this imaginary lease too, but we have yet to see this fraudulent lease she keeps on talking about. What should be our next step of action? I mean, my sister can't move into the apartment in 2 months if the sublettor is still going to be there, how is my sister supposed to get her out if she won't move out willingly?

(Also, the legal sublettor had her lawyer send my sister a letter stating that she has all the rights to stay there longer per the "agreement" they had, but the lawyer did not include a copy of the "lease" that the sublettor keeps on referring to -this is not a real estate lawyer, it's the personal injury lawyer that the sublettor has retained due to a completely different lawsuit she is under)

Thanks!

<small>[ March 09, 2003, 10:59 AM: Message edited by: goldbourbon ]</small>

[Lilly]

What exactly did your sister sign? What does it say as per the term of this sublease and especially any right to renew or extend on the part of the sublettor? If it's just a sublet for a fixed term, which ends in two months, and no mention of a right to renew or extend, then your sister is within her rights to move back into the apartment, with the sublettor still there if need be. Just don't lose your copy of your lease with the landlord of your building!
Request, in writing, certifiedmail, return receipt, of both this sub lettors attorney and the sublettor, a copy of this alleged "new lease or whatever it is; and also request to see the original. You must put in writing that you never offered or signed anything that extends the term of this sublease past the current expiration date.
And don't be too concerned about the atorney-he/she could just be doing your sublettor a "favor" by sending you a "laywer letter" to intimidate you. It sounds like your sublettor intends to take over your apartment. Don't let her.

[consigliere]

You didn't mention the length of the sublease.
 
If relevant, when writing to the subtenant, your sister might also point out that the maximum sublet period allowed under rent stabilization is two years (out of the last four years).
 
The landlord would also have to approve any extension of a sublease. Therefore, in addition to asking for a copy of the alleged extension agreement, your sister should also ask for a copy of any purported approval by the landlord of any extension.
 
Does the sublease provide for attorneys' fees? If so, your sister should also point out that she will go to court to evict the subtenant if she does not move by the expiration date, and that the subtenant will be liable for her attorneys' fees.
 

[Cranky Tenant]

This is also a good time to start thinking about a 30 day notice - to be served to the subtenant one month before the sublease expires.

Since you know this person doesn't intend to leave there's no reason to allow them any leeway.

[goldbourbon]

Thanks to everyone who took the time to respond. The only lease that my sister signed was a proposed sublease sent to the landlord, basically this is the proposed lease that is sent to the landlord as a basis to agree or disagree with the sublet. Well, the landlord agreed. My sister never signed any other lease after that proposed sublease with the subtenant.

Two questions:
1) How do we get a 30 day notice to leave?
2) How legal is this proposed sublease sent to the landlord? (This sublease expires in 2 months anyway, but I am wondering how legal it is anyway) Isn't the sublettor a month to month since there wasn't another lease signed?

Thanks!

[tiredsecy]

The agreement apparently has nothing to do with the one subletting from your sister - it was a sort of permission slip between the landlord and your sister for your sister to sublet, am I correct? If that's the case, then go to Housing Court and file the 30 day eviction notice.

If the sister hasn't signed anything, then there's nothing to prove and this person is most likely bluffing. How to prove differently? We don't know, except this person would have to provide the proof in COURT. Your sister has to keep in mind this is between her and who she's renting the apartment to, as the landlord is out of this situation. Your sister is the landlord in this case and must take the proper steps and file the proper forms and deliver them in the proper time (make sure she sends them like FedEx so she can get signature upon receipt for her records).

Good luck. This is not the first time someone has posted about having bad experiences with subleasing. This is why I would never sublease to anyone, I would rather the apartment go empty and I just pay the full rent. It's a pain in the butt.

[tiredsecy]

P.S. Make sure that the rent payments this person has have been going to your sister and not direct to the landlord. If the subleasee has been sending rent checks direct to the landlord and the landlord has cashed them, they can establish a "relationship" to the landlord.

Tell the landlord not to accept any checks/money orders/etc. from the subleasee, period.

[goldbourbon]

Thank you tiredsecy for all the info, the sublettor has been paying rent to my sister and not the landlord. My sister will also send a certified letter to the sublettor requesting a copy of this lease she is talking about. My sister has already requested a copy at least 3 times but now she is sending a certified letter. We have never encountered a situation like this before, thanks for all your help.