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Subletters refuse to leave

NYC Housing Court Practice/Procedures

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Subletters refuse to leave

Postby Clopin333 » Tue Jan 29, 2008 9:20 pm

4 months ago I subletted my apartment to two girls with a verbal agreement. They agreed that they would be given 30 days notice to leave, if the apartment building was sold, since I was on a month to month lease. The brownstone was sold two months later, and the two girls were served with a 30 day notice. They are refusing to move out.

I am listed as the prime tenant and the holdover proceedings are being brought against me. I am being told by my landlord's attorney that I am legally responsible for all the rent and attorney's fees and that the subletters are not.

They filed a holdover proceeding and the court date is tomorrow, Jan 30th. What should I do? Can I file a counterclaim against these two girls? Is there any way I can argue to the judge that they should be held responsible for all of the rent?

I do not know what to do. This matter could mean thousands and thousands of dollars. Do I have any legal recourse against the two subletters??

Please help!!
Last edited by Clopin333 on Sun May 01, 2022 5:27 pm, edited 1 time in total.
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Subletters refuse to leave

Postby TenantNet » Tue Jan 29, 2008 9:28 pm

As a partial answer, you said you were month-to-month. Usually though legal fees (to the LL) are only if a) a judge orders it, b) there's a clause in the lease that provides for it, and c) if the LL is the "prevailing party." If you're month-to-month, you might not have a lease that provides for attorney fees.
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Subletters refuse to leave

Postby NYHawk » Wed Jan 30, 2008 12:12 am

"girls"????????????? you must be kidding.
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