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Re: Termination for Illegal Subletting

Posted by New York Tenant on June 11, 2001 at 07:19:29:

In Reply to: Re: Prime tenant has right to renewal lease posted by JJ on June 10, 2001 at 23:52:06:

The landlord can refuse to renew the tenancy on the basis of non-primary residence only during the 90-150 day window period, but a termination based on illegal subletting can be brought at any time during the lease, upon proper notice.

: right (90-150 days), but: can't the landlord send a Termination Notice anytime during the lease too?
: :
: : the key fact here is that the landlord "decided not to renew the apartment lease when it is up in a couple of weeks."
: : If the landlord does not want to renew the lease because of the non-primary residence of the prime tenant he or she should have sent a notice of non-renewal during the same window period in which a renewal lease was supposed to have been offered, that is 120-150 days before the lease was due to expire...having missed the window period, the landlord MUST offer a renewal lease and wait until the renewal lease is due to expire and then timely send a notice of non-renewal. so have the prime tenant renew for 2 years and relax. the previous response is correct -- YOU do not have any rights -- but the prime tenant does, which will indirectly benefit you. good luck! (If the landlord refuses to offer a renewal lease have the prime tenant complain to DHCR, this is probably the only instance in which DHCR is helpful.)

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