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Posted by Sue on May 12, 2001 at 16:37:36:

In Reply to: Re: Sublet Overcharge - Small Claims posted by nyhawk on May 10, 2001 at 17:41:20:

: yes civil court is ok, but why move?? if the prime tenant is an "illusory" tenant (she has not lived there in some time, has no intention of movig back and is "subletting" only as a way to make money), you can have a judge declare you to be the prime tenant -- then, you will get a lease in your name and pay only the rent stab. rent amount. I posted an article on here once upon a time on the topic of illusory tenancy. someone on here likely knows how to retrieve it for you, good luck.
: ps, i updated that rent overcharge piece, when i get some time i'll post it on here. i'll have to re-type it from scratch, i lost the disk i put it on...

Thanks.

Gotta move: it is a three-month sublet and she is scheduled to return early June. I understand that I have to wait until she's back in town to sue her.

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Comments:
: : yes civil court is ok, but why move?? if the prime tenant is an "illusory" tenant (she has not lived there in some time, has no intention of movig back and is "subletting" only as a way to make money), you can have a judge declare you to be the prime tenant -- then, you will get a lease in your name and pay only the rent stab. rent amount. I posted an article on here once upon a time on the topic of illusory tenancy. someone on here likely knows how to retrieve it for you, good luck.
: : ps, i updated that rent overcharge piece, when i get some time i'll post it on here. i'll have to re-type it from scratch, i lost the disk i put it on...

: Thanks.

: Gotta move: it is a three-month sublet and she is scheduled to return early June.  I understand that I have to wait until she's back in town to sue her.


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