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Posted by James on September 06, 2000 at 12:31:39:

In Reply to: The doctrine of posted by hawk on September 05, 2000 at 21:22:00:

The only problem is putting this into action. It take quite a bit of money to retain a lawyer to file an action in civil court, and depending on how desireable the apartment is the prime tenent could fight tooth and nail for it. And if the subtenet loses you can bet that they won't be allowed to remain the that apartment for long, and they will also be liable for legal fees if they don't prevail. It sounds like a good idea on the surface, but leagal action almost always seems to end up being a protracted expensive affair. This type of advice appears to give hope to subletters that they can simply go and have an illusionary tenancy declared, I belive that it is possible, just not something that can be achieved in a easy, simple manner. (ie it is best pursued by the wealty who could afford market rents as it is)

Follow Ups:

• Re: The doctrine of "illusory tenancy" is not new..here is some legal authority Phil shore 09/06/00 (4)
  • Ilusory tenancy cases are not difficult to win hawk 09/06/00 (0)
  • Ilusory tenancy cases are not difficult to win hawk 09/06/00 (0)
  • Ilusory tenancy cases are not difficult to win hawk 09/06/00 (1)
    • sorry for the repetitive posts and misspelling hawk 09/06/00 (0)

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: The only problem is putting this into action.  It take quite a bit of money to retain a lawyer to file an action in civil court, and depending on how desireable the apartment is the prime tenent could fight tooth and nail for it. And if the subtenet loses you can bet that they won't be allowed to remain the that apartment for long, and they will also be liable for legal fees if they don't prevail.  It sounds like a good idea on the surface, but leagal action almost always seems to end up being a protracted expensive affair.  This type of advice appears to give hope to subletters that they can simply go and have an illusionary tenancy declared, I belive that it is possible, just not something that can be achieved in a easy, simple manner. (ie it is best pursued by the wealty who could afford market rents as it is)


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