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Subtenant, "John Doe", or so the LL says

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Subtenant, "John Doe", or so the LL says

Postby Cazmia » Mon Apr 23, 2012 1:11 pm

Very upset because I just saw papers that the LL is taking us to court to evict us. The person in my apt is named in the paperwork but I, renting a room from this person in the back, am only referred to as "John Doe"

Why am I John Doe? When the LL took over this bldg, he asked me to stop paying the tenant in the apt and START PAYING him! LL knows my name because he has given me receipts for my payments to him.

Court order states I have no renters rights, because this is a 5 UNIT bldg in the Bronx. However, I have a print-out from the NYC Dept of Bldgs where a tenant in the illegally converted 6th APT complained, because they found out their ConEd was hooked up to another apt.

LL told me ConEd took the power meter, because HE told then that the apartment was uninhatbited and we've had NO electric in this apt he is trying to evict us from for months. The tenant who rented me my room has a $6,000 electric bill because the LL had the entire building hooked up to his apartment. His Con Ed account is STILL OPEN (How is this when LL states the meter was removed??) and is gaining 100 dollars interest per month.

There is mold growing in the bathroom ceiling. The building is so badly maintained the City has sent officials to clean up the yard and charge him! The hallway is filfthy. The mailboxes are broken.

Can the LL just completely neglect this bldg, , while ignoring all phonecalls and then serve us papers this way?

Need some advice.
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Postby TenantNet » Mon Apr 23, 2012 1:25 pm

You are John Doe because that is the way things are done. You say you are a roommate, that is not the same thing as a sublet. The prime tenant has the right to have a roommate and you should continue to pay the prime tenant, not the LL.

However, if the LL has taken your money, you might be in the position to claim some tenancy rights. It can get sticky as you are really the undertenant (occupant or roommate) to the prime tenant.

The prime tenant should check with DHCR regarding rent reg status, especially if the building was six units and illegally converted.

The prime tenant - not you - needs to deal with the case as files in court, not all the extra stuff, like mold and lack of repairs. You don't say what the nature of the case is.
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Postby ronin » Sun May 06, 2012 1:07 am

Your post doesn't make sense. What court order says that you don't have rights?

Also, if you paid the LL directly and gave him your name he has to use it on the eviction papers. John/ Jane Doe is only when they don't know your name. Directly paying him would also mean you have direct rights. If you have paid him what he requested, then he can't use non-payment and must start a holdover. Sticky situation since the LL's actions seem very illegal. It's like he split the apartment by accepting your rent directly. In other words, running an illegal rooming house.
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