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Posted by TenantNet on August 02, 1998 at 13:37:39:

In Reply to: Illegal Subleting -- Rent stabilized apartment posted by JESS and Enka on August 01, 1998 at 22:51:01:

: Me and my boyfriend have been living in an illegaly subleted apartment for the past two years. After leading us to believe that we will "eventually" get his lease -- on a one month notice he is kicking us out. Do we have any rights? Does anybody know whom we can talk to? The building is rent stabilized, and apparently the "landlord" has just extended his lease this July (for another year). He gave us a verbal notice to be out Sep. 1st. We have no written contracts with him and we paid him by checks (while he kept sending his personal checks to the management). We have been paying 20% more than his actual rent. Help.

You have no rights to have a lease assigned to you. The prime tenant
apparently lied to you on this one. The owner is not required to
give you the lease (but you can ask and negotiate for it). Your right
to sublet is pursuant to Real Property Law section 226(b). That tells
the tenant has a right to sublet. If you have a sublease with the
prime tenant, those rights are different from those between the tenant
and the landlord and that might hold. But if it gives him a 30-day
out, then that's what you are stuck with. If you have no written sublease,
then 30 days is normal. But in any case, no one can kick you out
without going to court. The tenant would have to take you to court
after Sept. 1, so you might be able to negotiate a longer time.

If the place is furnished, the prime tenant can charge you 10% more
and you might have the basis to file an overcharge complaint against
the prime tenant. The landlord can charge the prime tenant a
guideline increase during the term of the sublet and that could be
passed on to you as well, but if it was an "illegal" sublet, then chances
are the owner never got it.

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Comments:
: : Me and my boyfriend have been living in an illegaly subleted apartment for the past two years. After leading us to believe that we will "eventually" get his lease -- on a one month notice he is kicking us out. Do we have any rights? Does anybody know whom we can talk to? The building is rent stabilized, and apparently the "landlord" has just extended his lease this July (for another year). He gave us a verbal notice to be out Sep. 1st. We have no written contracts with him and we paid him by checks (while he kept sending his personal checks to the management). We have been paying 20% more than his actual rent. Help.

: You have no rights to have a lease assigned to you. The prime tenant
: apparently lied to you on this one. The owner is not required to
: give you the lease (but you can ask and negotiate for it). Your right
: to sublet is pursuant to Real Property Law section 226(b). That tells
: the tenant has a right to sublet. If you have a sublease with the 
: prime tenant, those rights are different from those between the tenant
: and the landlord and that might hold. But if it gives him a 30-day
: out, then that's what you are stuck with. If you have no written sublease,
: then 30 days is normal. But in any case, no one can kick you out
: without going to court. The tenant would have to take you to court
: after Sept. 1, so you might be able to negotiate a longer time.

: If the place is furnished, the prime tenant can charge you 10% more
: and you might have the basis to file an overcharge complaint against
: the prime tenant. The landlord can charge the prime tenant a
: guideline increase during the term of the sublet and that could be 
: passed on to you as well, but if it was an "illegal" sublet, then chances
: are the owner never got it.



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