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We have been living in a rent-stabilized apartment for a year and a half. We pay rent to a person who is illegally subletting to us. For the first six months, he charged us 1450.... He then claimed his "lease went up" and claimed we must pay 1600 or move. Even though I pay my rent ten days early, we have been getting late notices from the management company stating the rent of 1,081 is due.... In other words, we are being overcharged to live in his rent controlled builfding.
He is claiming his cousin wants to move in to our apartment and hinting we should find a new place to live. Although he drafted a lease, it was never signed by either party. He kept on making typos in the lease by saying the $519. difference was "storage space" and separate from the rent. Obviously , this was done to avoid the appearance of making a profit off of us, so we never signed the lease.
Do we have any rights? Should i go to the management company or to court, etc?
Rights as far as what is concerned? Regardless of the status where subletting is concerned, you have no lease and thus are on a month to month contract. He can "hint" about you leaving until the cows come home but by law he's required to give you 30 days written notice or whatever period your state law decrees (some are 60 days). Sorry, but you're not making clear exactly what it is you want.
OP: didn't you post this scenario under another username and in another thread recently?
I can't be bothered to go hunt for it but i suspect that if the details get fleshed out here as they eventually were there you'll get the same basic answer...
iirc...
you're in an illegal situation and because of that have no rights at law to press for **that won't simultaneously find you in a cardboard box*** and what degree of tolerance you may garner from the property owner or others to maintain what amounts to a squat is in direct proportion to a) not making waves for anyone and b) paying your way in full and on time
We have been living in a rent-stabilized apartment for a year and a half. We pay rent to a person who is illegally subletting to us. For the first six months, he charged us 1450.... He then claimed his "lease went up" and claimed we must pay 1600 or move. Even though I pay my rent ten days early, we have been getting late notices from the management company stating the rent of 1,081 is due.... In other words, we are being overcharged to live in his rent controlled builfding.
He is claiming his cousin wants to move in to our apartment and hinting we should find a new place to live. Although he drafted a lease, it was never signed by either party. He kept on making typos in the lease by saying the $519. difference was "storage space" and separate from the rent. Obviously , this was done to avoid the appearance of making a profit off of us, so we never signed the lease.
Do we have any rights? Should i go to the management company or to court, etc?
what im asking is if he has to go through the eviction process?
Then you will be moving. On the upside, it won't hit your credit since you're illegally renting the apartment.
Why wouldn't it show up on a credit report? I get that it's an illegal rental, but if the courts get involved, and he's officially evicted, then it sure seems like it would show up on a credit report?
Why wouldn't it show up on a credit report? I get that it's an illegal rental, but if the courts get involved, and he's officially evicted, then it sure seems like it would show up on a credit report?
The landlord will evict his tenant as named in the lease plus any John and Jane Does. He will not seek out names of any subtenants. If he did that then he would have to name every individual. Anybody missing would legally be allowed to stay. You have no obligation to supply your name, at this point to the LL.
The landlord will evict his tenant as named in the lease plus any John and Jane Does. He will not seek out names of any subtenants. If he did that then he would have to name every individual. Anybody missing would legally be allowed to stay. You have no obligation to supply your name, at this point to the LL.
Makes sense! Thanks for explaining!
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