notice to terminate based on "illegal sublet"

[mrvertigo]

i recently subletted a stabilized apt.from friend who is staying in s.f. for 2 yrs. she/we followed procedure but landlord being what he is...played games and, of course, eventually refused me as sub-tenant. i moved in after many delays and certified lttrs(1month later)and after 5 months he sent a "notice to cure." i am still here and just recieved a "notice to terminate" from his lawyers after expiration of cure notice.
he's claiming primary residency as reason, LL not giving consent(though he told her initially he'd work w/her, then obsfuscations began), that i moved in w/out consent etc.
what are overtenants and subtenants rights regarding this?
what can we do as per the courts wherein we will surely find ourselves? i cannot afford a lawyer nor she what's to do w/this unjust case?
HELP!
much appreciated.

[mrvertigo]

thanx for replying.
The landlords refusal was based on his "belief" that over-tenant had no intention of returning to the apt. upon completion of sublease--she's lived here for 20yrs now. They're citing sections 226-b(2)(b), because she, they claim, didn't follow procedure for notifying LL(not true, we have certified lttr etc.), and section 2525.6 which she DID clarify as per her return i.e. when. They also claimed she failed to give reason--she did: her husbands job is in S.F. and it'll finish b4 the close of 2yr lease upon which she will return. And they also cited section 2525.6(c)based on a previous sublet, which was an illegal sublet, taken to court and thrown out. LL claims they have a "summary holdover proceeding" against her. Also not true, the court clerk erased said proceeding citing it as illegal etc. And lastly that said LL did not "consent" to have me as a subtenant. He did not give a reason.
Upon my studying said laws, thanx to Tenant Net, and the real laws etc. my conclusion is the LL hasn't much of a case, based on "their" claims. What should I do next? June 7, 03 is the date of Termination. What will follow and how do we(over-tenant/I)do to prepare for this battle, beyond hiring, which either of us can ill afford, do?
Any stretegies, comments, tactics or means greatly appreciated.
Thanx. :p

[NYHawk]

illegal sublet and non-primary residence are kinda in the same family but they are very different. A landlord CANNOT evict on non-primary residence grounds until lease is up (assuming rs apt.) sounds counterintuitive but that's the law ............when the renewal lease is supposed to be served (90 to 120 days before lease is up) landlord can then serve a notice of non-renewal and termination of lease , instead of renewal lease offer, based on non-primary residence. the standard for an illegal sublet is whether or not the landlord's refusal for permission to sublet was "reasonable." good luck...

<small>[ May 23, 2003, 08:51 PM: Message edited by: NYHawk ]</small>

[NYHawk]

As to this statement: "LL claims they have a "summary holdover proceeding" against her. Also not true, the court clerk erased said proceeding citing it as illegal etc" -- clerk's don't and can't "erase" anything. only a landlord can voluntarily discontinue a case and only a judge can dismiss a case. those are the only 2 ways for a case to end prematurely, or "erased" as you call it. Click on the URL to see if there is a pending Housing Court case.http://portal.courts.state.ny.us/pls/portal30/HSES_DEV.MENU_HOUSING_COURT.show

<small>[ May 23, 2003, 08:52 PM: Message edited by: NYHawk ]</small>