Illegal Subletting

Posted by Steamy Kurrin 
Re: Illegal Subletting
May 29, 2010 12:52AM
Primary Residence?

I have rent a apartment and shared with my friend. I have been lived there for 2+ years. recently (since April), I stay with my boyfriend on the weekdays and come back to my apartment on the weekends. And I have used my apartment address for my bank account, voter address, divers license, tax return etc... According to NYC's law, does my apartment consider as my primary residence?

thanks,
Oracle?
Re: Illegal Subletting
May 29, 2010 11:22AM
You need real legal advice, not some random forum contributor's opinion. Can you imagine going in front of a housing court judge and saying, "but your honor, I got my information from a web forum?"
Re: Illegal Subletting
June 06, 2010 04:38PM
Hi,

My three roommates and I moved into a 3 bedroom-convertible apartment in Williamsburg, Brooklyn almost one year ago (My room is in the basement). Today, our landlord's father (I guess he's our super -- we've never even met our actual landlord, his daughter) came to the door and said that we weren't going to be able to renew our lease. When we asked why he said that the water bill is 3x higher because we have "7 people living here and didn't ask for permission." We currently have 3 family members visiting for a few days because we just graduated and they flew from CA to attend our ceremonies. They are sleeping in our rooms/on the living room couch. We have had one friend, though, that has been temporarily staying with us for the past 4 months after being evicted from her apartment. We let her stay with us because she is in the process of relocating back to her parent's place in Los Angeles (she leaves tomorrow) and needed time time to tie up loose ends, quit her job, etc. Now, this is our first apartment, and we didn't think to ask for permission because it wasn't a permanent living situation (she's sleeping in the basement with me). Her mail was forwarded to our apartment though, so I think that makes us look bad. We have always paid our rent on time (in full & as requested), we don't throw loud parties or act disruptive, notified our landlord of all repairs that needed to be made when sinks were clogged and such, etc. We have one cat, but she is included in the lease. Can he do this since he's not officially the landlord? We've been trying to contact both him and his daughter, but no one is answering our calls. Can we contest this? What if we pay the difference in the water bill?

We really love our neighborhood and don't want to move. Our lease is up in August. Any advice? Thanks for your help!
Re: Illegal Subletting
June 06, 2010 04:44PM
Red--

I also forgot to mention that our super has always had us make out our rent checks for $3100, payable to "CASH." I always thought this was fishy and I asked him several times if I could make out the check in his daughter's name and he refused to take any checks that were written out as such.
Thanks again!
Re: Illegal Subletting
August 19, 2010 11:05AM
I have the same situation with my daughter and a summer sublet. How did your situation turn out?
Re: Illegal Subletting
September 14, 2010 11:44AM
Hi,

I know everyone thinks that subletters are scam, but people enter into agreements, and then they break them and wave their rights. It's not fair to anyone.

I have been subletting an apartment in Manhattan. The person I sublet to knew the deal, accepted it knowingly that there will be no lease, He was barely ever on time with payments. After being a month late (and several warnings) I asked him to leave, which he refused. Then he stopped paying rent at all and would not leave. At this point, he's been living there for 3 months rent-free, which means I'm paying his rent, while he lives there for free. He also withheld our mail from us. I was told to go and change the locks. Some people say that can have legal ramifications.

Could you advise, please?

Thank you.
Oracle?
Re: Illegal Subletting
September 14, 2010 02:59PM
Do you own the apartment? If so, are you allowed by your co-op board (if it's a co-op) to sublet it? If so, you should speak with an attorney right away.

If you don't own the apt., do you have a legal agreement that gives you the right to sublet it? If not, then it isn't legal for you to sublet in the first place, regardless of whether you and the current tenant have an agreement. It sounds like your tenant knows that he's got you over a barrel.

If this is the case, it sounds like you're about to lose your apartment. Talk to your landlord.
Re: Illegal Subletting
October 24, 2010 06:17PM
Hello,

My Mom has been living in her apartment for more then 20 years, A couple of weeks ago they had reduced and stabilized the rent to $900. I am her daughter who i have 2 children she wanted me to move in with my two daughters and live with her. Also my brother is living with her too. However she doesn't know if i can live there, will or can the landlord kick me out if he wants cause I'm not on the lease and neither is my brother because her rent is stabilized? . My father and my mother are the only one on the lease.

THANKS
Re: Illegal Subletting
October 25, 2010 05:38AM
[www.housingnyc.com]


New York City Rent Guidelines Board
51 Chambers St., Suite 202, New York, NY 10007
Tel: 212-385-2934 | email: Ask@HousingNYC.com



Edited 1 time(s). Last edit at 10/25/2010 05:40AM by askanewyorker.
Re: Illegal Subletting
October 25, 2010 04:01PM
Ccp
Re: Illegal Subletting
April 04, 2011 04:22PM
Does it help your case if you are not profiting from from the sublet and all bill are in your name?
Re: Illegal Subletting
April 10, 2011 10:11AM
I am illegally sub letting an apartment and the landlord has just issued a notice to terminate the tenancy agreement to the tenant (of whom I rent the space from). We have been advised to vacate the premises within next 10 days or summary proceeding will commence. Can I be evicted? Is this a notice to terminate tenancy legally binding document that could result in eviction post 10 days?
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