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Posted by Lilly on July 14, 2001 at 00:49:04:

In Reply to: Re: Lilly gave very bad advice! posted by Provost on July 13, 2001 at 22:12:42:

But you're missing the point: IF this is an illegal sublet and IF the subtenant can prove he/she is being overcharged by $800 per month, then it's too late for prime tenant to cover their tracks, prime tenant is screwed AND prime tenant cannot use self-help to evict the sub-tenant should sub-tenant withold rent until overcharge is offset. I mean, what is the prime tenant going to do if sub-tenant says "I'm not going to pay you until you've paid me back the overcharge?" He's been gouging the subtenant big time- The only avenue to prime tenant is thru the courts, and guess what the affirmative defense is: "I've been overcharged, here's the proof". Sub-tenant is in possession, prime tenant is not, guess who has the better chance of ending up with the apt?

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: But you're missing the point: IF this is an illegal sublet and IF the subtenant can prove he/she is being overcharged by $800 per month, then it's too late for prime tenant to cover their tracks, prime tenant is screwed AND prime tenant cannot use self-help to evict the sub-tenant should sub-tenant withold rent until overcharge is offset. I mean, what is the prime tenant going to do if sub-tenant says "I'm not going to pay you until you've paid me back the overcharge?" He's been gouging the subtenant big time- The only avenue to prime tenant is thru the courts, and guess what the affirmative defense is: "I've been overcharged, here's the proof". Sub-tenant is in possession, prime tenant is not, guess who has the better chance of ending up with the apt?


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