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I Sublet Illegally and I Want Free Legal Advice

Posted by Mark Smith on August 19, 1999 at 11:43:04:

In Reply to: Re: unwanted posted by m. on August 19, 1999 at 11:14:34:

Richard (loudrich) seems to be just as unsympathetic to your self-created situation as I am.

If you had sublet legally, the landlord would probably have asked you to pay the 5% vacancy allowance permitted by Rent Guidelines Board Apartment Order No. 30. You could have passed this increase along to your sub-tenant. If the apartment is fully furnished, you are entitled to a 10% rent increase, which you could keep.

Instead, you are now subject to eviction for sub-letting illegally and for not using the apartment as your primary residence. Both of these defaults are not curable for rent stabilized apartments.

: OK. you seem to actually be interested in the situation, unlike "Mark", so i'll explain a little, despite the fact that i still don't understand how you can say "shame" to someone without even knowing the full situation.
: i didn't say the apartment was crummy, it's actually a lovely little place. i said the other one was nicer, which could mean a lot of things and in my case means simply that it is closer to my work, which is quite a long commute.
: i was not trying to make a profit, in fact i was charging her the actual rent to the penny, and didn't even ask for a deposit. my lease is not up for another year, or i would have just left the apartment. i was simply trying to fill the space and the rent until then, by renting it to an acquaintance.
: the other apartment i moved into, however, turned out to be disastrous-- i was physically and sexually harrassed and threatened by one of my new roommates, and as a result had to leave immediately for my safety.
: i would never try to kick someone out if it wasn't the most dire of circumstances-- i'm not some evil manipulative landlady, and i feel bad enough about it without everyone on this forum shaming me via email.
: but the fact is, due to a variety of circumstances, many financial, moving back into this apartment is my last resort.
: all i wanted to know was if i want to move back into th

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