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Re: Subletting

Posted by Unstoppable Ed on August 17, 2000 at 19:12:17:

In Reply to: Subletting posted by D on August 17, 2000 at 11:57:07:

As a subtenant, the primary tenant is your "landlord" legally speaking and
you have the same rights as in anyone in a landlord/tenant relationship.
However, as your situation or a quick scan of postings here would reveal,
subtenant matters can get very dicey, very quickly.

You really have two "landlords" to consider -- both the primary tenant who
rented you her apartment, and the owner of the building. Before sub-letting
any apartment make sure that the primary tenant has authorization to even
rent the place (many leases do not allow subletting; you should check the
original lease or insist on authorization from management). Be aware that
if the primary tenant fails to pay rent to the owner, or rents the apartment
beyond her own lease, you could be evicted, even if everything between you
and the primary tenant is fine.

In your situation, it is totally unacceptable for her to work in your
apartment. You need to have a serious discussion with her. Review any
lease or agreement you signed with her and tell her that you expect her to
respect your rights. If this fails, your options are few. You could hire a
lawyer and sue her in housing court...but this takes time and $$$ that you
might better spend in getting your own apartment. Good luck.

:
: I'm currently subletting an apartment in a building with more than 4 units in NYC in a rent-stabilized building. I signed a written lease, which did not stipulate that there would be any "sharing," but would like to know what my rights are as a subtenant. Does the original tenant have the right to enter the premises at will, without me being present, without notifying me or obtaining my permission? Can the original tenant work in the apt., for hours at a time, using the rationale that as the original tenant it's her stuff and she has the right to her belongings? Do I have all of the same rights that a tenant would have with a landlord? It seems to me that she is now acting as a landlord, having signed the lease and accepted my rental payments, and so my relationship with her and vice versa should be like the relationship that she has with her landlord, which would mean that she wouldn't have free access to the space or be able to share/use/occupy the space in any way shape or form--whether or not I've gone to work for the day and am not physically present when she enters.

: Does anyone have any insight or info regarding this issue?

: Thank You,

: D.
: Feeling Invaded



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