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Re: illusory sublet

Posted by TenantNet on August 04, 1997 at 17:50:48:

In Reply to: illusory sublet posted by HI on August 04, 1997 at 14:35:58:

: My landlord recently called and said I cannot live
: where I live any more. He says my lease is not really
: a lease but a sublease, so I have no rights to renew it.
: This sublease is a little strange, in that the subleaser
: lives in the apartment next door, which makes me suspect
: this constitutes a illusory sublet, or doesn't it?
: Is filing a complaint any help?

Sounds like a scam and I would not do anything until you
have more facts. First, no matter what your status, they cannot
lock you out -- it's a criminal offense and see the Lockout page
on the web site. The owner must get a court order to do anything.
Second, find out the truth as to the lease issue, and is the unit
stabilized? Who did you rent from? The landlord or another tenant?
Do you have reason to think the "subleasor" is on the take? Check
with your neighbors. Subletting is covered by Real Property Law
section 226-b and see the March 1996 issue of the Met Council
paper (on the web site) which details subletting issues. What does your
original lease say? Does it say sublet?

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