Posted by JJ on August 19, 1999 at 15:10:54:
In Reply to: I Sublet Illegally and I Want Free Legal Advice posted by Mark Smith on August 19, 1999 at 11:43:04:
to m.:
You also placed your long-term roommate in jeopardy with this illegal sublet: if you get evicted, so does she. If you move back in with both of them, you still face eviction: one roommate is legal, two = eviction. And where is your new illegal subtenant supposed to live? Can she just move back to her old apt? Or is someone new living there too? Sorry about the moron at your new apt.
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^^^^^^^^^^^^^^^^^^^^^^^^^^^
: 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 the apartment that i have a lease
on (which is technically my apartment, i believe), what are the legal issues involved?
if anyone knows, please tell me. if not, forget i ever posted this message. i feel no
need to take scoldings and emotional abuse from people who don't even know me.
so, to reiterate: if you have information about these sorts of situations, by all means
share it. if not don't sit back and tell me i'm a horrible person.
i don't have time for that, and i can't believe anyone else would take the time to do it.
thank you.
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