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Posted by TenantNet on December 09, 1996 at 13:47:29:

In Reply to: pending eviction posted by Jenny on December 09, 1996 at 08:20:58:

: I have been living in a rent stabilized apt which is leased to someone
: else. Because the primary tenant has not legally sublet the space to
: me, the landlord has cited them in violation of their lease and has
: sent "Notice to Cure" and now the "Ten Days Notice of Termination"
: of the lease. I'm planning to speak to landlord re: getting the lease.
: However, in case they are not open to negotiations with me, I would
: like to hear from others who have been in this situation--or going
: through a similar experience right now. Lots of people are saying
: that eviction proceedings take time--however, since I have no lease,
: what is the reality of the situation?

The reality is -- the Notice to Cure and Notice of Termination are preludes
to the owner bringing a "Holdover Proceeding" in Housing COurt. See our
Court section on Holdover Proceedings.

They can take some time, but not forever, and there are many bad judges in
Housing Court, so you're walking into a minefield. In our experiece, delays
are usually caused by the landlords (and then they complain about the delays).

Although the sublet law (Real Property Law section 226-b) requires notice
to the owner, depending on the circumstances in your case, you might be
able to show the owner "waived" any rights to object. This however is real
tricky. If you can negotiate, try to do so. We have a subletting Fact Sheet
on the web site -- do a search for it. If you can't find it, email
tenant -at- tenant.net and we'll email you a copy.

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Comments:
: : I have been living in a rent stabilized apt which is leased to someone 
: : else.  Because the primary tenant has not legally sublet the space to 
: : me, the landlord has cited them in violation of their lease and has 
: : sent "Notice to Cure" and now the "Ten Days Notice of Termination" 
: : of the lease.  I'm planning to speak to landlord re: getting the lease.
: : However, in case they are not open to negotiations with me, I would 
: : like to hear from others who have been in this situation--or going 
: : through a similar experience right now.  Lots of people are saying 
: : that eviction proceedings take time--however, since I have no lease, 
: : what is the reality of the situation?

: The reality is -- the Notice to Cure and Notice of Termination are preludes
: to the owner bringing a "Holdover Proceeding" in Housing COurt. See our
: Court section on Holdover Proceedings.

: They can take some time, but not forever, and there are many bad judges in
: Housing Court, so you're walking into a minefield. In our experiece, delays
: are usually caused by the landlords (and then they complain about the delays).

: Although the sublet law (Real Property Law section 226-b) requires notice
: to the owner, depending on the circumstances in your case, you might be
: able to show the owner "waived" any rights to object. This however is real
: tricky. If you can negotiate, try to do so. We have a subletting Fact Sheet
: on the web site -- do a search for it. If you can't find it, email
: tenant -at- tenant.net and we'll email you a copy.




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