I am currently in the middle stages of a holdover proceeding with my LL in a rent stabilized apt. in Manhattan.
Little background: I sublet the apt from a friend of mine in Oct. We sent a letter to the LL stating our intentions to sublet, etc. I moved in, and not long after I received a letter from the LL stating that he objects to the sublet because I supposedly moved in early. Notice to cure comes, I do nothing, as my buddy says that we did nothing wrong. Lease termination comes, with the end date being 12/31. I wait. Finally, I'm informed that if i don't give the keys back and move out, Ill be brought to court. Well, here we are. Court date on Monday. In my research, I've learned that a LL cannot unreasonably prevent you from subletting your apt as is your right. My questions are: What do I expect when I get to Housing Court? I understand that the first appearance is usually a 'Mediation' where you talk to the LL and figure out a solution. Is this right?
LL said he has video of me entering the apt, the super went through my garbage to find letters addressed to me, and that a P.I. talked to my buddy on the phone. My friend, who is an attorney, said this is most likely a scare tactic as they've never provided the name of the PI in the court petition and that the petition also does not state the other allegations.
What kind of defense can you offer up? Is the Housing court system skewed in favor of the LL? Do I have a chance? And more importantly, how much can the LL raise the rent on the apt if my buddy decides to give up his right to the lease so that I may sign it? Can anyone help? What time frame am I looking at to get to trial? To eviction? Sorry about the long post but thanks for reading!