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Re: Occupancy/roomate/sublet - Who knows?

Posted by TenantNet on March 20, 1997 at 11:34:23:

In Reply to: Occupancy/roomate/sublet - Who knows? posted by Belinda on March 20, 1997 at 09:56:51:

: I have been living in a rent stabilzed apt. for 3 1/2 years.
When I first arrived it was as a roomate, but increasingly the prime
tenant has not been here, but still pays the rent. The landlord has
written him to return or give up the apt. I have been paying the gas and
elec (in the tenant's name with my check) and all the other utilities ar
in my name. I pay the tenant my portion in cash, but I have records.
If this tenant loses the lease what are my options. I really can't af
ford to move but am willing to deal with the increase of a new l
ease and capital improvements, however I'm not sure if I can insi
st on a lease. Do I have any rights at all? I'm somewhat abandoned
by the prime tenant.

From what you indicate you are not a sublet (even though it may appear
to be that now). But the prime tenant has exposure under a non-primary
residence case, and you're caught in the middle. If the owner takes
the tenant to court, chances are you would also be named a John or Jane
Doe as he seeks to repossess the unit from all occupants. See if the tenant
is willing to give up the unit. If so, then see if the owner would be willing
to give you the unit (as it's rent stabilized, there must be a lease). If
he insists on no lease, then I would take it anyway then complain to DHCR
that the owner refuses to give you a lease. There are a number of pitfalls
here, especially if the owner commences a sublet case instead of a non-
primary residence case. If this happens, you may wish to get some legal
advice



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