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Re: Yes, but...

Posted by TenantNet on December 27, 2000 at 11:41:33:

In Reply to: Yes, but... posted by MikeW on December 27, 2000 at 11:26:22:

Taking such an action - giving the prime tenant a key and withholding it from "subtenants" would probably be just as illegal and ill-advised. It can amount to actual eviction or constructive eviction. Those subtenants may have certain rights either as subtenants, or tenants of a net-lease (remember, this is a loft), or possibly as tenants themselves depending on the fact pattern. They may have acquired tenancy rights. Even so, the illegal eviction law does not apply just to primary tenants. Even if the landlord disputes any tenancy rights or subtenancy rights, changing locks is illegal.

: If you reread my suggestion, I said to give the 'Legal' tenant a key, hense no eviction. If their are illegal subtenants, they would have to identify themselves to the LL and request a key. The LL would be within his rights to make them state what business the have in the building. This would be VERY useful in any court action. At that point, he may or may not have to give them a key.



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