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Old 02-05-2015, 01:36 PM
 
6 posts, read 8,907 times
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I don't know if anyone here has any knowledge of NYC landlord-tenant law in respect to co-op subleasing, but here we go...

I am subleasing an apartment in a co-op building. The apartment has been in foreclosure for over a year (a fact I was unaware of - the owner lives abroad and I'm a year and a half into a two year lease) and last week I received a final eviction notice addressed to her and/or any subtenants occupying the unit. I successfully acquired an order from the housing court to temporarily stay the eviction, and the owner is going to court tomorrow to try to "resolve the situation," apparently, but at this point I just want to terminate my lease as soon as possible. Is the owner legally obligated to let me do so, as I would have been without an apartment had I not taken action and gone to housing court on her behalf to stay the eviction? Or is this still something I would have to negotiate with her? I'm concerned that she won't be reasonable, and I would REALLY love to be done with this mess.

Thanks in advance for any help you can provide.
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Old 02-05-2015, 03:18 PM
 
12,340 posts, read 26,130,025 times
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I have no specialized knowledge, so take this with a grain of salt -- if it were me, I would terminate, return the keys (look up online what you need to do) and not worry about how "reasonable" she is being. Who cares? Just make sure you keep all paperwork regarding the eviction. If she tries to sue you for the remainder of the lease term, I can't imagine that you would lose (as long as you have eviction paperwork).

But you could try calling the Met Council hotline if you want to be sure.
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Old 02-05-2015, 03:42 PM
 
6 posts, read 8,907 times
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That's actually incredibly helpful, thank you - it hadn't even occurred to me to call the Met Council. I'm hesitant to just move out and risk any sort of court proceedings because I don't want to be stuck on the tenant blacklist, regardless of how "right" I am in this situation. Ugh, what a nightmare. Thanks for your help!
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Old 02-05-2015, 06:32 PM
 
15,843 posts, read 14,476,031 times
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Have your read your lease? Does it have any language that would apply in this situation. If it's a standard Bloomberg type lease, it very well may.
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Old 02-05-2015, 07:29 PM
 
6 posts, read 8,907 times
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I have read the lease, and it says that "if Tenant vacates before the term ends, Tenant will be liable for the balance of the rent for the remainder of the term." But I'm thinking that surely receiving multiple legal notices over a period of months (upon which no action was taken by the owner) and ultimately a 72-hour eviction notice, AND having to go to court on the owner's behalf due to their irresponsibility, must violate the contract in some way? They're going to court tomorrow and I still have no idea if I'll be out of an apartment in a week or a month or whatever. I don't want to have to worry about this every day for another six months. Anyone know if the warranty of habitability covers extreme stress? Ha.
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