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Posted by John Power on April 23, 2001 at 16:51:50:

I'm about to be evicted from my sublet appartment of two years. I was recently discovered by my landlord as not being the tenant whose name was on the lease and came forward to try and negotiate a settlement to transfer the lease into my name from that of the tenant I was subletting from. I arranged to have my friend renounce the lease in order that I would have a chance to claim it. Well it looks like I've been declined.

Do I have any form of redress in Housing Court? I've been told that on receiving an eviction notice, any day now I assume, I then have the option to file an "Order to Show Cause". Is this true, and if so, do I have any chance of receiving a favourable judgement?

I'm worried that I could be thrown out immediately because as of this moment there is no legal leaseholder for this appartment. I have numerous bills & bank statements from the last couple of years but no direct proof of my making rent payments, this was all done through the original leaseholder.

This is a rent-stabilzed building,(ie. not a co-op), which leads me to question why we were forbidden from an above board sublet contract. The whole reason for the deception was that the building's landlord had forbidden my friend from subletting the apartment.

Any advice or suggestions would be greatly appreciated.

Follow Ups:

• Re: Completely Screwed Ace 04/24/01 (0)

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: I'm about to be evicted from my sublet appartment of two years. I was recently discovered by my landlord as not being the tenant whose name was on the lease and came forward to try and negotiate a settlement to transfer the lease into my name from that of the tenant I was subletting from. I arranged to have my friend renounce the lease in order that I would have a chance to claim it. Well it looks like I've been declined.
:  
: Do I have any form of redress in Housing Court? I've been told that on receiving an eviction notice, any day now I assume, I then have the option to file an "Order to Show Cause". Is this true, and if so, do I have any chance of receiving a favourable judgement?

: I'm worried that I could be thrown out immediately because as of this moment there is no legal leaseholder for this appartment. I have numerous bills & bank statements from the last couple of years but no direct proof of my making rent payments, this was all done through the original leaseholder.

: This is a rent-stabilzed building,(ie. not a co-op), which leads me to question why we were forbidden from an above board sublet contract. The whole reason for the deception was that the building's landlord had forbidden my friend from subletting the apartment.

: Any advice or suggestions would be greatly appreciated.


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