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I am subletting an apartment in NYC. The apartment is rent stabilized. The tenant followed all the rules that the DHCR requires when you sublet a rent stabilized apartment. The landlord rejected the sublet and we sublet anyway because we felt as if the landlord's reason for rejecting the sublet were not reasonable. We moved in and the landlord knows we moved in because they tried to stop us from doing so on the day the sublet began.
The sublet began on May 28. The prime tenant paid his June rent on June 1 and the landlord has accepted the rent and cashed his check. Today in the mail, we recieved a 10 day notice to cure that the prime tenant must cure the sublet.
Here is my question, because the landlord knew we moved in and accepted the prime tenant's rent for June, did they accept the sublet? Can they now try and evict us? Can they continue to accept the rent and still try and evict us?
Any help anyone has would be greatly appreciated.
Since I see you had no answers here, I suggest you try the Housing discussion forum on the Craigslist website. Sometimes they're good at this kind of question. You may even want to ask a lawyer.
I don't know the answer, but I can tell you it was a bad idea to move in after a specific refusal from the landlord.
If the landlord is smart, from this point on he should not accept any rent payments from the apartment as it will sabotage the eviction process. The landlord declined the sublet tenant for a reason. Maybe they had bad credit, criminal record, previous eviction, etc.
It only puts off landlord action by a month. It does not give permanent approval to the sublet. I recommend gay marriage.
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