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Liability as undertenant??

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Liability as undertenant??

Postby WilliamBrown » Sat Nov 28, 2020 1:19 pm

I am a long time undertenant to a 2br apartment. The building (market rate) is trying to kick out the tenant (named on lease, lives in other bedroom). It's a holdover case that will probably not end till the Spring or even later. I was named in court papers as the undertenant.

What is my liability/responsbility? Is it only to the main tenant or the building (i have no lease with them).

Am I better off grabbing something now or waiting till thttps://19216811.cam/ https://1921681001.id/
he Spring and keeping my current situation?
Last edited by WilliamBrown on Sun Nov 29, 2020 12:43 pm, edited 1 time in total.
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Re: Liability as undertenant??

Postby TenantNet » Sat Nov 28, 2020 2:36 pm

The term "undertenant" can have different meanings. It seems you are a roommate, not a sublet. In other words, you would have your own bedroom and share everything else, yes? To whom do you pay rent, to the tenant or to the LL?

Is the unit you are in market or rent stabilized? Buildings are not market rate or RS (applied to the entire building). Individual units can be market or regulated.

You say you were named, was that on the caption an the top of the first page? It would have to say something like:

Dirty Old Landlrod LLC, petitioner

v.

John Doe, tenant respondent
and
David Smith, undertenant respondent.


or is your name just mentioned somewhere in the papers? If the former, then you are a party.

You say it's a holdover, what is the basis for proceeding? What is the reason if not non-payment?

Were you served properly with the papers? If you are a party, you must be served in the same manner as the prime tenant should be served.

As I'm sure you're aware, the courts have been closed and backed-up even with video sessions. But things are changing, and will likely change more after January 1st. Things are changing every day. Many lawyers do not know the current situation.

Your liability is likely to just the tenant, but that may depend on the wording of your agreement. However, if the prime tenant is evicted, the so would you as the LL probably asked for possession of all parties; that is why you are listed. Understand as a party, you can put on your own defense. You can be represented by your own attorney.

I don't think you would owe any rent to the LL, and if you have a deposit, chances are that would be with the tenant. If you think things are going bad, you might wish to consider getting the deposit back (before the tenant runs out of money)

I can't opine on what you should do. I can't opine on the lawsuit as I know nothing about it. It could go to trial, the tenant could get it dismissed; there could be a settlement. Again, it depends on what is the basis for the holdover. The LL has to say in the petition (or Notice to Cure, or Notice of Termination) what the tenant is doing that is objectionable, or not doing.
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