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Posted by Lilly on July 13, 2001 at 15:24:50:

In Reply to: Illegal sublet? posted by Lee on July 13, 2001 at 09:21:12:

If the prime tenant hasn't gotten the consent of the owner, then that would make it an illegal sublet, and in that event the LL could move to terminate the tenancy of the tenant. Don't worry-it would take anywhere from a few months to 10 months before you'd have to move, if at all.
As far as you being charged more than what the legal registered rent is: Bring your lease(sublet lease) to DHCR and pull the registration history on the apartment-if you are in fact being overcharged (remember you can be charged 10% more than the legal rent if it's sublet furnished AND LL can add on an additional 10% sublet fee, so you're looking at 20% over the legal registered rent right there) you have a couple of options: talk to the tenant and: (1) don't pay until you have recouped the overcharge(takes chutzpa) (2) file with DHCR and go for treble damages(takes years and years and years) I like option 1. As far as you ending up with the lease: if the apartment is in manhattan, or some location thats very desireable, unless you are willing to pay market or near market rent,LL won't have the incentive to give you the prime lease, unless of course you fight like the devil in court and even that's no guanantee. LL will go in and renovate the apt and raise the rent substantially for the next tenant.

Follow Ups:

• Lilly gave very bad advice! nyhawk 07/13/01 (3)
  • Re: Lilly gave very bad advice! Provost 07/13/01 (2)
    • Re: Lilly gave very bad advice! Lee 07/17/01 (0)
    • Lilly gives good advice:-) Lilly 07/14/01 (0)

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Comments:
: If the prime tenant hasn't gotten the consent of the owner, then that would make it an illegal sublet, and in that event the LL could move to terminate the tenancy of the tenant. Don't worry-it would take anywhere from a few months to 10 months before you'd have to move, if at all.
: As far as you being charged more than what the legal registered rent is: Bring your lease(sublet lease) to DHCR and pull the registration history on the apartment-if you are in fact being overcharged (remember you can be charged 10% more than the legal rent if it's sublet furnished AND LL can add on an additional 10% sublet fee, so you're looking at 20% over the legal registered rent right there) you have a couple of options: talk to the tenant and: (1) don't pay until you have recouped the overcharge(takes chutzpa) (2) file with DHCR and go for treble damages(takes years and years and years) I like option 1. As far as you ending up with the lease: if the apartment is in manhattan, or some location thats very desireable, unless you are willing to pay market or near market rent,LL won't have the incentive to give you the prime lease, unless of course you fight like the devil in court and even that's no guanantee. LL will go in and renovate the apt and raise the rent substantially for the next tenant.


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