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signing new lease after sublet??? PLEASE HELP(:

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signing new lease after sublet??? PLEASE HELP(:

Postby bushwick blues » Wed Aug 10, 2011 7:44 pm

I have been subletting in an apartment since April. Been paying rent directly to the management company on time every month. The lease is up at the end of August. As instructed, I contacted the office and informed them of my intent to stay and sign a new lease before the 1st of August. Filled out the application and sent it last week (August 3) and haven't heard anything. I had been trying to contact them for the last week or so, and finally got someone on the phone today. They said they were checking my credit and would get back to me by this afternoon. They didn't.

I've been researching tenant laws online and haven't really come across any definitive answers to my specific dilemma.

What I need to know is if they can boot me out at the end of the month if I havent signed a new lease. I am pretty freaked out as there are only 3 weeks left in the month, I havent anywhere else to go or the money to go there.

Any input would be greatly appreciated.
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Postby TenantNet » Wed Aug 10, 2011 10:16 pm

Where is this located? Is it RS? This does not sound like a sublet.
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Postby bushwick blues » Wed Aug 10, 2011 11:56 pm

TenantNet wrote:Where is this located? Is it RS? This does not sound like a sublet.


Bushwick. No. And I have a written sublet agreement with my friend (she's moved to California & I've taken care of her rent). The landlord/mgmt company know about the arrangement & have been accepting payment from me. They even have a copy of the written agreement. I just don't have one with them yet. They've even asked me, on the occasions that I've spoken with them, if I'm interested in staying past the current lease. I have no idea why they're dragging their feet about the whole thing & it has me worried as I said before.

I just dont want to be homeless.
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Postby TenantNet » Thu Aug 11, 2011 7:13 am

So you're not the prime tenant and you're not RS. The LL has no obligation to renew the lease. To "renew" would be with and for the prime tenant. You would be offered a new lease.

It can be argued that the LL's acceptance of rent created a landlord-tenant relationship between you and the LL. But being not RS, the LL is still not required to give you a lease.

Of course if the lease expires, and if the LL wants you out, they would have to commence a holdover against the prime tenant (naming you as an occupant).

I can certainly understand the fear, but the ball's with the LL on this one.
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Postby bushwick blues » Thu Aug 11, 2011 11:38 am

Thank you.
Maybe since they are being so leisurely about it that means that the process doesn't take too long?

I don't know, I've never transitioned from a sublet to a lease before & certainly not with this company. I'm not familiar with ny law either.
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