Posted by Kerry on August 25, 2000 at 03:44:12:
In Reply to: illegal sublet posted by samantha on August 25, 2000 at 01:02:16:
What you are doing is illegal. You are asking for advice from this message board to support your illegal occupation. First off the person you are calling the primary tenant obviously is not the primary tenant, you know this. The owner has you dead to rights, it is not going to be difficult to prove how long you have been in the apartment, and to prove where the (supposed) primary is living. If you lie in court, which is where this is obviously headed, then you've knowingly committed perjury.
A Tenant is allowed to sub-lease their apartment two out of every four years only. The landlord is supposed to be notified, in writing, of a sublease and the reasons for the sub-lease. A generous DHCR ruling as it is written. It's this type of behavior that causes landlords to be so aggressive and tougher on the rest of us that aren't behaving illegally.
If this goes to court and the owner pursues this you are almost quaranteed to be evicted. The best case scenario is the original tenant will have to move back in.
I would suggest you tell the primary that you would like to work something out with the landlord to stay in the apartment. The only possible reason I could see the original tenant objecting is if she is charging you more then the legal rent. Which is also illegal, and if she has been, you could letigate her for overcharge and possible win as much as triple damages. A tenant who is sub-leasing is subject to the same overcharge regulations as a landlord.
Negotiating with the landlord is your best option. Lieing is not an option. And I hope asking for help in deceiving the landlord at Tenant Net is not an option.
A good friend of mine was a tenant Lawyer for a time, when I asked him why he wasn't doing it anymore he told me he got tired of tenants trying to screw their landlords. I didn't believe him. But I believe him a little more now.
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