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Old 10-10-2011, 06:37 PM
 
1 posts, read 3,333 times
Reputation: 10

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I subletted from an acquaitance. He didn't mind when I found a roommate to share the sublet. My name is on the sublet agreement (I am the legal subletter). The prime tenant profited on both of us but we didn't mind since it was still a great bargain in a good neighborhood. My roommate turned out to be a difficult roommate. I left a month ago but my name is still on the sublet agreement (planning to get my name removed). The roommate is still there without being an official subletter. The prime tenant is in another country but stays in the apartment a few months every year. The roommate did major renovations without asking permission from anyone (the prime tenant) and now wants to stay there for free for a long period because he renovated. Can the prime tenant get him kicked out?--since he is not legal there. I assume he might lose the place since the roommate can say he that he let him stay there and charged him for it illegaly. Will the roommate be able to stay there. Can I get in any trouble --since my name is still there as a subletter.

Appreciate any thoughts.
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Old 10-12-2011, 07:17 AM
 
Location: Manhattan
20,129 posts, read 26,416,255 times
Reputation: 9026
OY.

This is about as sticky as it gets.

A judge will probably have to decide this one because there are just too many issues. Is it rent stabilized? If so original tenant is only allowed to charge so much? Did original lessee make an agreement with third party or did sublessee.
Was permission given for renovations? By whom? Sublessee, Lessee, or Owner. Were any verbal agreements made between lessee and SUB-sub-lessee?

Can original tenant even show that the place is his primary address. If not, court might be dicey for him.

I think even Judge Judy would pass on this one.

For sure though, as long as your name is on a sublet agreement you are bound by it, whether you chose to move out or not.

(I'll bet original tenant now wishes he'd never heard of either you or the squatter.)

Last edited by Kefir King; 10-12-2011 at 07:25 AM..
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Old 10-12-2011, 08:11 AM
 
Location: NY,NY
2,899 posts, read 8,304,910 times
Reputation: 2021
The learned forum attorney, is that like a jailhose lawyer?

Ahhh, anyway, repeat, the learned attorney, Keifer King, shoots fireballs of idioacy out his arse! Come one, come all and view the spectacle of a pretending mind....

Ladies and Gentlemen....sorry...we interupt this program to bring you a small dose of legality, which is something like reality....

****

OP, the entire circumstance, as you have described it, appears legally bogus.

First, in order to 'legally' sublet, the 'prime' tenant MUST obtain the permission of the LL, and all prospective sublessors MUST BE 'vetted' by the LL.

Also, the prime tenant CANNOT **profit** from use of the LL's property. No LL would agree to such. Your mention of "profit" is the first tell that something isn't proper.

Additionally, a legal subtenant cannot take in a roommate, nor an additional sublessee w/o the LL's permission.

Renovations cannot be legally made, by anyone, w/o the LL's permission.

Given the circumstance to be as I have gleaned it from the OP:

1) the so-called 'prime' tenant has subletted the apartment illegally. Consequently he can be evicted for a couple of reasons which I willl refrain fromm outlinning.

2) All so-called 'subtenants' are illegal tenants with NO rights whatsoever. Any so-called 'Subtenant Agreements' are illegal, void, and unenforceable in a court of law.

3) The so-called 'prime' tenant is legally responsible and liable for any and all damages to the LL's property.

4) the so-called 'prime' tenant can bring suit against any or all alleged subtenants for any damages alleged to be caused by any or all subtenants. Liability, if any, will be determined by a Judge, who could legally determine that the prime tenant should bear all costs, or could decide otherwise, holding all 'tenant' parties liable, equally or in part.

It is likely any suit brought by the prime tenant will not be heard, as the alleged 'subtenant agreement' is not legal nor binding. As a result of the illegal sublet the prime tenant has 'unclean' hands. 'Clean Hands' is a requisite for any suit brought before a court of law.

****

Tenants who illegally sublet run the risk of eviction and are liable for any and all damages caused by the illegal sublessor(s).

The above circumstance is atypical of what occurs in such illegal situations.

****

Ladies and Gentlemen...we now return you to your regular broadcast of arse blowing fireballs...thank you for listening....
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Old 01-28-2012, 02:58 PM
 
2 posts, read 6,861 times
Reputation: 10
Thanks for replying, some time has passed and now there are further developments. Just to add I legally subletted the apartment. The prime tenant notified the landlord that I was subleting and the landlord agreed and there is a signed sublet agreement. The prime tenant did profit illegally on myself and the other sublettor (who is not legal) as it is a rent stabilized (or controlled, can't remember) apartment and he was charging us more than he was paying. After I subletted the prime tenant agreed that I get a roommate and split the rent with him and he gave me the number of someone he had met who then became my roommate. This was not legal, though, and the landlord was not notified.
In September I left the apartment. Both prime tenant and myself signed a note saying that he agreed to terminate the sublease agreement with me based on a sentence in the original sublease agreement which stated that I can cancel the sublease at any time. The other roommate (the illegal one) is still there and refuses to leave or to pay anything. The prime tenant is now planning to take him to court. He realizes that he will probably (I guess) lose the lease but he wants the squatter out anyway. Do I have any reason for worry for my previous involvement even though I terminated my sublease in September already. Will the prime tenant be able to evict the squatter? What is the process, and which court in New York City takes care of this? Thanks for any and all replies.
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