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Posted by Dawn on January 19, 2001 at 18:10:21:

In Reply to: Illegal Sublet posted by chris on January 19, 2001 at 10:19:18:

This is definitely tricky. You mention the non-payment -- to whom, the current tenant?

I'm assuming you're not listed on the lease, so my next question is: Has the LL accepted rent checks from you? If you've written out personal checks or money orders and signed off with your name and he's accepted them, you could argue that you have established a kind of business relationship with the landlord. That's the only thing that comes to mind right now that may help you out.

Otherwise, if your name is not on the lease as one of the tenants and you're only an occupant, the landlord can decide not to rent to you.

Of course, there is an option, but I don't know if you can pull this off at this time: the current tenant -- have they given notice already not to renew? If they planned to but haven't given notice, they could sign the renewal and add your name as co-tenant, which would give you tenancy rights. Of course, this would have to be cleared first with the landlord to have you as a co-tenant -- credit check and such. It's a thought. Let us know how it works out.

: What rights, if any, do I have?
: I am living in a rent stabilized apartment, but I am no the primary tenant, nor am I a legal subtenant. I have lived in the apartment for 13 months and the primary tenant isn't renewing the lease which ends this February.
: I notified the landlord of my interest in signing a vacant lease for the apartment and submitted an application at his office.
: To my dismay, notices and petitions were sent for non-payment, which were paid.
: I have a lawyer who is working on this, but what rights, if any, do I have, and what can the landlord do?

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Comments:
: This is definitely tricky.  You mention the non-payment -- to whom, the current tenant?  

: I'm assuming you're not listed on the lease, so my next question is:  Has the LL accepted rent checks from you?  If you've written out personal checks or money orders and signed off with your name and he's accepted them, you could argue that you have established a kind of business relationship with the landlord.  That's the only thing that comes to mind right now that may help you out.

: Otherwise, if your name is not on the lease as one of the tenants and you're only an occupant, the landlord can decide not to rent to you.

: Of course, there is an option, but I don't know if you can pull this off at this time:  the current tenant -- have they given notice already not to renew?  If they planned to but haven't given notice, they could sign the renewal and add your name as co-tenant, which would give you tenancy rights.  Of course, this would have to be cleared first with the landlord to have you as a co-tenant -- credit check and such.  It's a thought.  Let us know how it works out.

: : What rights, if any, do I have?
: : I am living in a rent stabilized apartment, but I am no the primary tenant, nor am I a legal subtenant. I have lived in the apartment for 13 months and the primary tenant isn't renewing the lease which ends this February.
: : I notified the landlord of my interest in signing a vacant lease for the apartment and submitted an application at his office.
: : To my dismay, notices and petitions were sent for non-payment, which were paid.
: : I have a lawyer who is working on this, but what rights, if any, do I have, and what can the landlord do?


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