Illusory Tenenacy

[paristexas]

I've been illegally subletting a rent controlled apt for the past 6 months in manhattan and was just issued a Notice To Cure.

The legal renter is working in Asia for the next year but is coming back. He is willing to do a legal sublease from here on out, but since i'm already living there, can the landlord legally refuse to sublet and throw me out?

I need to know if there is a grace period of more than 10 days as the notice to cure states. I've heard that as a subtenant legal or not, i have a right to sublet legally if i could qualify for the place, which i could.

or, should i claim illusory tenancy and get a lawyer? is this a difficult claim and expensive?

any help would be much appreciated.
thanks
christine
allensid@hotmail.com

[broadwayblue]

yes, he can refuse to sublet to you. any sublet must be submitted in writing at least 30 days in advance, and the LL has the right to deny if he has a legitimate reason to do so. basically the legal tenant is in violation of his/her lease.