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Unread 05-30-2012, 12:21 PM
 
1 posts, read 1,513 times
Reputation: 10
Default Rights in Illegal Sublease NYC

Hi,
I recently signed a lease agreement with a girl (subleasee) who was subleasing from the original tenant. I moved in the first of this month and was going to room with the subleasee. Five days after moving in the management company presented us with an eviction notice due to the original tenant never getting approval to sublet. She stated that the sublet was approved but only verbally when we moved in. She also said management approved allowing me to move in with the subleasee, however again never did so. The apartment was a 1 bedroom, and so I had to build a wall which I paid for costing me $400 dollars. At the time I was in contact with the original tenant who said the wall was approved and I could build it. As I was subleasing I was told I couldnt have contact directly to the management of the building, and that they would only speak to the original tenant. Hence why we put all questions through her. Now I am out of an apartment, and the original tenant is refusing to give the subleasee her security deposit back. Of which $1000 is mine that I gave to the subleasee. Plus I have to pay for construction to take the wall down which will be another $100. Is there any way I am entitled to compensations for moving expenses, a way to get my secutity deposit back, and to see that the original tenant cant do this again to someone. Also side note I read that a subleaser can't charge the subleasee more than 10% above her rent, we were getting charged double her rent. As if this post didnt have enough of my trouble I just went home on lunch to try to catch the original tenant, as she called me to say her brother there getting things. They took my TV and left theirs. I dont know if this will help my case with fighting them or if i am now out a $400 tv. SOMEONE PLEASE HELP!!!!!!!


Thanks,

USEDandABUSED
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Unread 05-31-2012, 02:20 PM
 
Location: NY
405 posts, read 1,087,973 times
Reputation: 367
It's doubtful you have any real rights at all, as you entered into a contract with a person who apparently was not authorized to sublease. You could try small-claims court against the subleasee and/or original tenant for fraud/misrepresentation to recover your deposit. At the very least, you shouldn't pay to have the wall removed- you have no contract with the owner/management company, so the wall would be the legal tenants problem.
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