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Posted by Mark Smith on August 28, 1999 at 22:12:10:

In Reply to: Sublet eviction horror posted by Elizabeth Fullerton on August 28, 1999 at 19:39:18:

I think your best would be to deal with the landlord directly. See if he will give you a vacancy lease (18% increase over the legal regulated rent for a one-year lease; 20% increase for a two-year lease).

Legally, you can stay in the apartment, without paying rent to the prime tenant, while the landlord legally evicts the prime tenant. But the landlord could let you stay in the apartment, with some sort of agreement for you to pay rent directly to him, and eventually, the vacancy lease would go into effect. For the landlord, this is better than getting no rent money while the eviction of the prime tenant proceeds in court. You probably should get an experienced attorney for this.

You should also try to get the fee back from the brokerage firm directly, and if that doesn't work, complain to the New York Secretary of State, which licenses brokers and salespeople. As a last resort, you could sue the brokerage firm in small claims court.

:
: I moved at the beginning of July from Washington, DC. Because I moved from
: out of town, I got a broker -- more expensive, but things would be done
: right, I figured. Wrong. The overtenant left the place trashed -- rotting garbage
: spread all over the kitchen, dirty underwear and papers left out, etc.
: I told him immediately that I wasn't going to consider myself as having
: taken possession until he got his stuff out. Three weeks later, when he
: finally did, he began threatening and insulting me. But the broker kept
: reassuring me that I was in the right, had a valid lease, and shouldn't
: worry. Then this morning I was served with termination papers from the
: REAL landlord. It seems the overtenant is profiteering by overcharging
: me on the rent-stabilized apartment, as well as neglected to get permission
: from the landlord. I brought up the landlord approval before I signed
: the sublease, and twice afterwards while the overtenant and I were
: wrangling, but I didn't notify the

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Comments:
: I think your best would be to deal with the landlord directly.  See if he will give you a vacancy lease (18% increase over the legal regulated rent for a one-year lease; 20% increase for a two-year lease).  

: Legally, you can stay in the apartment, without paying rent to the prime tenant, while the landlord legally evicts the prime tenant.  But the landlord could let you stay in the apartment, with some sort of agreement for you to pay rent directly to him, and eventually, the vacancy lease would go into effect.  For the landlord, this is better than getting no rent money while the eviction of the prime tenant proceeds in court.  You probably should get an experienced attorney for this.

: You should also try to get the fee back from the brokerage firm directly, and if that doesn't work, complain to the New York Secretary of State, which licenses brokers and salespeople.  As a last resort, you could sue the brokerage firm in small claims court.

: :
: : I moved at the beginning of July from Washington, DC. Because I moved from
: : out of town, I got a broker -- more expensive, but things would be done
: : right, I figured. Wrong. The overtenant left the place trashed -- rotting garbage
: : spread all over the kitchen, dirty underwear and papers left out, etc.
: : I told him immediately that I wasn't going to consider myself as having
: : taken possession until he got his stuff out. Three weeks later, when he
: : finally did, he began threatening and insulting me. But the broker kept
: : reassuring me that I was in the right, had a valid lease, and shouldn't
: : worry. Then this morning I was served with termination papers from the
: : REAL landlord. It seems the overtenant is profiteering by overcharging
: : me on the rent-stabilized apartment, as well as neglected to get permission
: : from the landlord. I brought up the landlord approval before I signed
: : the sublease, and twice afterwards while the overtenant and I were
: : wrangling, but I didn't notify the


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