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Re: landlord claims illegal sublet

Posted by TenantNet on October 05, 1997 at 11:30:13:

In Reply to: landlord claims illegal sublet posted by Marcia on October 04, 1997 at 00:00:32:

: My mother had kidney failure and I am trying to get her a transplant.
She lives in florida and my job was kind enough to temporarily assign
me to oversee locations there so I could look into it. My roommate of
two years is still living in my apartment and my landlord was told that
I moved some furniture out and am illegally subletting. I have every
intention of returning. I never even forwarded my mail and the bills
are still in my name.
: Can he do this. Please help!

I'm assuming you're in NYC. You do have the right to sublet if certain
procedures are followed, but that's not the question.

I assume you can document your activities in FLA. Questions such as this
depend on the totality of the evidence. First send the landlord a
certified letter categorically and point-by-point denying any allegations
he's made, explain your situation.

This is not because you should suck up to him, it's so you can show that
if he takes action, he will be on notice. Keep a diary of your activities,
the places you go, the doctors and hospitals you go to or whatever you are
doing to obtain a kidney transplant. Get names, addresses, phone numbers,
parking receipts, etc.

Tenants have every right to be out of town for whatever purpose they
choose. When you are in town make a point to show your face to the super
or landlord and keep a diary of these encounters and what you say to them.
You want to show that you're not away for six months at a time.

Although subletting is not the same as non-primary residence, they are
similar issues. If you signed a lease for a temporary place in FLA,
make sure it's a short-term lease, or try to stay in some sort of hotel.
Any court case will look a the time you're away vs the time you're here
and for non-primary cases, it's usually six months. Also make sure you
pay your taxes here and keep your voting registration and drivers license
here.

If you can't pursuade the landlord and he takes you to court, you will
have built a good defense.

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