illegal sublet - any chance in court

[herbertger]

I sublet my rent-stabilized apt without landlord consent. I charged a 10% furnished premium.

My ex-tenant left owing me several months rent. I have two uncashable checks, and dozens of emails from her admitting the debt and promising to pay.

Is it possible that any court - civil, small claims, housing - will recognize the debt, even though the sublet was not legal?

Or do I need to call tony soprano?

thanks.

[NYHawk]

call tony

[herbertger]

me again - thanks for the message.

What is the difference between an "illegal" sublet and one that goes against the terms of the lease?

[Cranky Tenant]

Originally posted by herbert erger:
I sublet my rent-stabilized apt without landlord consent. I charged a 10% furnished premium.

My ex-tenant left owing me several months rent. I have two uncashable checks, and dozens of emails from her admitting the debt and promising to pay.

Is it possible that any court - civil, small claims, housing - will recognize the debt, even though the sublet was not legal?

Or do I need to call tony soprano?

thanks.

My understanding is, if the subtenant is no longer in the apartment, you would have to sue in small claims court, if you're seeking less than $3000.

Returned checks and email should help document the debt. At that point the burden should be on the ex-subletter to demonstrate that she paid the rent.