Posted by Dawn on January 22, 2001 at 16:46:31:
In Reply to: Re: Illegal Sublet posted by Marc on January 22, 2001 at 16:05:42:
Got your message -- although curiously my response to you bounced back to me. Here is my answer:
"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."
JJ is saying that eviction is the way for this situation here. I start with the word used here in the initial posting, the re line, read: Illegal sublet. And illegals do not have rights. If a landlord has an illegal apartment LL can be penalized beyond belief. Why is the opposite any different? If the LL wants the apartment back and the tenant has given up the rights to the place and the person there admits he/she's illegal, then the LL has a right to the apartment back. is it really necessary that the LL HAS to call the illegal tenant's bluff, so to speak and go through the eviction process -- when all the landlord has to do is get the person arrested on trespassing charges?
I'm a tenant but I find JJ's suggestive reasoning in this case to be dangerous. There is nothing for the illegal subleasor to stand on, except possibly for the things I mentioned.
However, making him take you to court will not get you the apartment and will get you on a blacklist used by some landlords.
I don't know about a blacklist, but there is such a thing as a credit check and if this person decides to press the landlord and make the LL go to court, subleasor better not expect LL to give a positive reference to the new landlord. Would YOU give a good reference to someone who made you go to court despite they didn't have a leg to stand on but just wanted to "buy time" and pay court fees to get them out when even THEY know they're "illegal" (original poster's word)?
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 is BLACKMAIL. The subleasor has NO rights in this case. And whatever chance this person may have, if he doesn't get the LL's feathers smoothed or did not have a good relationship with the LL to begin with, this subleasor is out of luck.
>Subject: Re: Illegal Sublet
>Date: Mon, 22 Jan 2001 16:05:42 -0500
>Marc has posted a response to your message titled
>Re: Illegal Sublet in TenantNet Forum.
>The posted reply reads as follows:
>Dated : January 22, 2001 at 16:05:42
>Subject: Re: Illegal Sublet
>: and waiting to get evicted is not the best idea, although JJ thinks otherwise. His/her advice for you to stay there until you get
>JJ did not say anything like that, unless you have received private email from JJ. S/he said that the landlord could only evict using the court: in other words, could not lock the illegal subtenant out of the apartment and throw his/her things out on the street!
: : and waiting to get evicted is not the best idea, although JJ thinks otherwise. His/her advice for you to stay there until you get
: JJ did not say anything like that, unless you have received private email from JJ. S/he said that the landlord could only evict using the court: in other words, could not lock the illegal subtenant out of the apartment and throw his/her things out on the street!
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