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Posted by samantha on August 25, 2000 at 01:02:16:

I have been subletting a rent stabilized apartment in NYC for ten years. The new landlord promptly served the prime tenant a non-renewal notice based on non-residency, four months prior to lease termination. 45 days before the lease was due to expire the new landlord sent a new lease to the prime tenant and a request for a deposit increase and speedy return of signed lease. 7 days later a notice of termination based on non-primary residency and a notice of cure based on illegal sublet were sent to the primary tenant. She sent the lease back signed and the landlord signed and returned the lease one week later. One week following the landlord sent a notice of termination based on the failure to cure the illegal sublet. There are a lot of inconsistencies here and at least one possible violation--is the landlord not required to mail lease renewal 120 days prior to termination? I'm looking for a loophole. Also, any information out there about illusory tenancy and the right afforded the sub-tenant--I've lived here for ten years and there were others before me. Not looking to penalize prime tenant, just trying to save my aprtment for at least two more years....Help!

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• Re: illegal sublet Kerry 08/25/00 (0)

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: I have been subletting a rent stabilized apartment in NYC for ten years.  The new landlord promptly served the prime tenant a non-renewal notice based on non-residency, four months prior to lease termination. 45 days before the lease was due to expire the new landlord sent a new lease to the prime tenant and a request for a deposit increase and speedy return of signed lease.  7 days later a notice of termination based on non-primary residency and a notice of cure based on illegal sublet were sent to the primary tenant.  She sent the lease back signed and the landlord signed and returned the lease one week later.  One week following the landlord sent a notice of termination based on the failure to cure the illegal sublet.  There are a lot of inconsistencies here and at least one possible violation--is the landlord not required to mail lease renewal 120 days prior to termination?  I'm looking for a loophole.  Also, any information out there about illusory tenancy and the right afforded the sub-tenant--I've lived here for ten years and there were others before me.  Not looking to penalize prime tenant, just trying to save my aprtment for at least two more years....Help! 


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