Illegal Subletting

Posted by Steamy Kurrin 
Re: Illegal Subletting
October 11, 2008 02:05PM
Get your stuff out, then rat the guy out.

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stay in NJ to visit NYC --> [www.broadwayfocus.com]
Re: Illegal Subletting
March 05, 2009 02:49PM
If one illegally sublets an apartment and something should happen to the apartment such as a fire- is the actual/current tenant liable or the person whose name is on the lease?

On a related matter- does anyone know of an insurance policy which covers an apartment which is being illegally subletted?
Illegal Subletting
June 15, 2009 08:34AM
My daughter had an illegal sublet on a rent-stabilized apartment on the West Side for a year and now they are refusing to refund her deposit claiming spurious 'damages'. They also claimed she was a 'relative' and that it's their prime residence. Going to court doesn't seem like an effective option but are considering turning them in and getting them evicted so they can't do this to others. Any advice on how to pursue this?



Edited 1 time(s). Last edit at 06/15/2009 08:36AM by (n/a).
Re: Illegal Subletting
June 28, 2009 01:04PM
need some help - ok I started renting out a room from an agency back in 08 for 125 a week, for a while it was going well and I made all my payments however the women I was subleting from illgeally never gave me a recipts andon top of that she knew of a previous eviction that was pending on the apartment long before I moved in. I had moved into a smaller room and we agreed that I'd pay only 95 dollars a week which was fine. One day I wake up and the land lord lady tells me I have two days to leave because she was supposedly getting evicted. I decided to go to the court house on that day to find out what exactly was going on. Well it turned out that the women I was illegally subleting from owed the landlord of the building 8,000 something dollars in back rent and was currently facing eviction (mind you I had payed this women nearly 5 thousand dollars when I did pay her for my stay which could have gone to that back rent she owed). People at the court told me that I shouldn't have to pay my rent and I had lost my job so I stop paying altogether and I have since payed nothing to the women.I know I do not have any rights really but technically she was over-charging me and I do believe I can take her to court for that and even though I do not have a recipt the landlord lady did mention to the judge that I was indeed paying her rent, she actually admitted this one day in court. Now eventually if she is at all smart enough she is going to bring me to court but she doesn't speak a lick of english and isn't the smartest of people therefore that gives me a certain advantage brining me to court is the only way she can keep me out. Look housing is very expensive in New York City and I feel as though I was taken advantage of, I do not make enough to move at this present time, what should I do or be doing about this situation.

to note I have been to court many times I even did an order to show cause to let the court know what exactly is going on and it is my understanding that the only way she can keep me out is to legally evict me via court marshall, its a pretty messy situation sometimes because I have to often call the police on her for trivial things. I plan on staying as long as I can because I do not wish to be homeless what should do.

my email is wherebrooklynatny@yahoo.co if anyone has any suggestions.
E
Illegal Commercial Subletting
January 19, 2010 08:49PM
My lease expired in October of 2009, since then I have been on a month-to-month lease. In January, the tenant gave a 10 day notice rather than a 30 day notice. Landlord agreed to deposit and vacate terms. Keeping in mind tenant didn't pay January's 2010 rent, but had a two month security deposit with the landlord.

Landlord refused to return any of the security monies. Can I sublet with out permission and not pay rent while I wait for an eviction but collect on sublet. Can the tenant go to jail? and will and can the landlord sue the tenant and will the landlord win a judgment against tenant?
Me
Re: Illegal Subletting
February 21, 2010 11:47PM
I have been subleasing from someone for two years in a new york city housing apartment, I pay cash every month so have no receipts. She has had the apartment for almost 8 years and has never lived in it. I receive some of my mail there, the cable bill is under my name. I also have my signature on every repair ticket within the past two years (there must be over 25 tickets because of so many repairs the apartment needs). I also have more than 2o tenants in my building willing to sign a petition for me not counting two more people who work for the housing project who also know I live there) they probably wouldn't even know who she is because she only comes around once a month to collect the rent. I am 6 months pregnant and have all my baby furniture set up in the apartment, it is a two bedroom and only one room is occupied by me and the other is completely empty. She has a 13 year old daughter and the apartment is so empty it's obvious that neither of them reside there (she lives with her husband in the bronx). Do I have a fighting chance in keeping the apartment if I report to the management office that I've been living there all this time.
Oracle?
Re: Illegal Subletting
February 22, 2010 09:52AM
I would definitely NOT rely on information from random strangers given on a web forum. You need to speak with a lawyer.
Re: Illegal Subletting
March 11, 2010 04:15PM
I'm in an airtight lease for the next 9 month but would like to move in the hope of finding a cheaper and more conveniently located apartment for myself. I'm considering illegally subletting my 1br. Any suggestions on handling this process and finding a sublettee who wouldn't cause problems with my management company? Is it a good idea to report his person as a roommate and potentially add them to the lease so that they could take it over once mine is up? Would such an arrangement make it difficult for me to sign a new lease? Thanks for your help.
Re: Illegal Subletting
March 12, 2010 07:51AM
Olga-I cannot ever recommend to a client to illegally sublet an apartment. There are potentially all sorts of negative consequences which can happen as a result. Your legal choices are either: a. Request permission to sublet following the appropriate guidelines as set forth in the rent stabilization law; or b. take this person in as a roommate under the existing roommate laws.

Scott Miller
[www.samlawnyc.com]



Edited 1 time(s). Last edit at 03/12/2010 07:57AM by askanewyorker.
Re: Illegal Subletting
March 14, 2010 03:35PM
Hi-

I'm illegally subletting an apartment; the person I'm subletting from is not profiting from the situation. The landlord just re-upped the lease, but is suspicious b/c the previous sublettor ratted out the lease-holder due to a dispute over the security deposit. Fortunately the lease-holder had a good relationship with the landlords and had covered her tracks in terms of bills etc., and so and got away with it. This was maybe 8 months ago.

However the leaseholder has learned from the super that the landlords are suspicious. As a result, she wants to formally request to her landlord that she legally sublet the apartment. On the one hand I don't want the extra 10% rent increase. On the other hand, I don't want to get evicted.

My question is this: do you think that a formal request to sublet the apartment after the landlords have been suspicious is in anyway a mistake? Could it in anyway exacerbate the situation? Could they say "no" b/c they already don't believe its her primary residence?

The leaseholder is anxious to get the ball moving on the formal sublease, so I'd love to get an answer quickly.


Thanks!



Adam
Re: Illegal Subletting
March 25, 2010 11:49AM
Adam-The request made now while the landlord is suspicious is going to raise a red flag and more suspicion. And, if the the prime tenant is not physically in possession of the apartment, she is already illegally subletting and as such the landlord will be justified in rejecting the request.

Scott Miller

SAMLAWNYC.COM
Re: Illegal Subletting
May 13, 2010 01:20PM
Hi,

I am leaving NYC and have 3 months left on my lease. I have been trying to work with my management to find a good solution, but they are completely unwilling to work with me. They tell me that I can't submit a sublet proposal because we are technically not returning to the apartment. I was not aware that the definition of a sublet required me to return to the apartment. How do we work around this? Thanks for your help.
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