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Posted by JJ on January 20, 2001 at 15:55:08:

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

: 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?

The only right you have which is greater than any stranger from the street is the right NOT to be evicted by the landlord unless a judge orders it. In short, because the landlord knows of the illegal subtenancy and knows the subtenant's name, he must sue the subtenant in order to regain possession of the apartment.

However, making him take you to court will not get you the apartment and will get you on a blacklist used by some landlords.

On the other hand, saving him the time and expense of the court proceeding is a bargaining tool you can use to encourage him to rent to you.

This quote from Dawn is incorrect, so please ignore it: "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."

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Comments:
: : 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?

: The only right you have which is greater than any stranger from the street is the right NOT to be evicted by the landlord unless a judge orders it.  In short, because the landlord knows of the illegal subtenancy and knows the subtenant's name, he must sue the subtenant in order to regain possession of the apartment.

: However, making him take you to court will not get you the apartment and will get you on a blacklist used by some landlords.

: On the other hand, saving him the time and expense of the court proceeding is a bargaining tool you can use to encourage him to rent to you.

: This quote from Dawn is incorrect, so please ignore it: "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."



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