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Posted by New York Tenant on April 07, 2001 at 08:30:42:

In Reply to: illegal sublet posted by Ron on April 06, 2001 at 17:43:46:

Your message isn't clear whether you're renting from the owner of a co-op apartment or from a rent stabilized tenant.

If you're renting from a rent stabilized tenant, the co-op would love to evict him and sell the apartment, or rent it at market value. If you're renting from the owner of a co-op apartment, the co-op may still want to evict the owner.

The co-op will have to go to housing court to evict the tenant (whether he's a rent stabilized tenant or the owner of the co-op apartment) and you, the illegal subtenant. You don't have to move until a judge orders you to move.

As a practical matter, there's very little point to continue paying rent. Save the money, and the judge may order you to make some sort of payment. There's also little point in hiring an attorney, because you will eventually have to move.

:
: I am currently in an illegal sublet for the past 9 months in NYC. The building is a rent stabilized Co-op with at least 100 units. I just found out that the owner of the building is trying to evict my landlord as he illegally sublet the apartment. As a result, the landlord has asked me to leave.
: 1. Do I have any rights as I won't be able to leave right away or can I just get kicked out?
: 2. If I do stay past the end of the month, should I send my landlord the full months rent as I will not be able to get it back in the event I leave in the middle of next month.
: 3. The landlord is charging me at least 40% more than he is paying. Therefore, the owner may really be able to evict him. How can I go about trying to take over the lease at the new rate.
: 4. Do you know of any good attorneys regarding problems of this sought?

: Any help would be greatly appreciated.
: Thanks,
: Ron

Follow Ups:

• Re: illegal sublet in a co-op: there is no such animal Anna 04/09/01 (2)
  • Roommate Law (RPL §226-b) Doesn't Cover Co-ops New York Tenant 04/09/01 (1)
    • Re: Roommate Law!?!?: Re: NOT "Roommate Law": RPL Sec. 226-b. Right to sublease or assign. duh! 04/09/01 (0)

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Comments:
: Your message isn't clear whether you're renting from the owner of a co-op apartment or from a rent stabilized tenant.  

: If you're renting from a rent stabilized tenant, the co-op would love to evict him and sell the apartment, or rent it at market value.  If you're renting from the owner of a co-op apartment, the co-op may still want to evict the owner.  

: The co-op will have to go to housing court to evict the tenant (whether he's a rent stabilized tenant or the owner of the co-op apartment) and you, the illegal subtenant.  You don't have to move until a judge orders you to move.  

: As a practical matter, there's very little point to continue paying rent.  Save the money, and the judge may order you to make some sort of payment.  There's also little point in hiring an attorney, because you will eventually have to move.    

: 
: :
: : I am currently in an illegal sublet for the past 9 months in NYC.  The building is a rent stabilized Co-op with at least 100 units.  I just found out that the owner of the building is trying to evict my landlord as he illegally sublet the apartment.  As a result, the landlord has asked me to leave. 
: : 1. Do I have any rights as I won't be able to leave right away or can I just get kicked out?
: : 2. If I do stay past the end of the month, should I send my landlord the full months rent as I will not be able to get it back in the event I leave in the middle of next month.
: : 3. The landlord is charging me at least 40% more than he is paying.  Therefore, the owner may really be able to evict him.  How can I go about trying to take over the lease at the new rate.
: : 4. Do you know of any good attorneys regarding problems of this sought?

: : Any help would be greatly appreciated.
: : Thanks,
: : Ron


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