Rent Stabilized - Need Advice

[jilla01]

I am wondering if anyone can answer this question for my friend. She has been living in a rent stabilized apartment for 7 years, but her name is not on the lease. When her friend moved out and she moved in, they never informed the management company and have just been renewing the lease in his name. All the utilities were changed to her name.

What will most likely happen if the landlord finds out?

Thanks.

[mjr203]

probably he'll start eviction process right away.

Your friend is basically subletting without permission to someone who has no intention to return to the apartment and the LL's has not been getting the 18% vacancy increase that would have been applied in 1996 on the base rent. Would you be happy?

-POINTER

[Phil Cohen]

Interesting situation. In a large apartment building with an absentee landlord it could take many years for the landlord to find out, if ever.

Were it ever to come to eviction, this tenant should consult a lawyer and determine whether there is some legal grounds (I dunno...estoppel?) that would allow her to fight eviction. I'm not saying there is, but it should be explored. She could claim the landlord knew about it, etc. etc.

[mjr203]

How is the rent paid?

Checks in your friend's name?

[MikeW]

She could file an illusory tenancy case. This is probably the only way she could get the apartment legally without the LLs consent.

This would likely be a long, hard legal battle. However, if the apartment is cheap enough, it might be worth it. Have her fing a good tenant lawyer ASAP.

[ig0234]

Originally posted by pointerout:
How is the rent paid?

Checks in your friend's name?

if yes, then prresto! you are a tenant, by virtue of the fact you paid rent.

if you pay with a money order, however.... im not sure.