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Old 01-06-2014, 09:34 PM
 
5 posts, read 21,962 times
Reputation: 12

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Without the consent of the Landlord. 15 months ago, I was offered the opportunity to "take-over" the monthly rent and occupy the entirety of an apartment. Cut to the chase: The Prime-Tenant wants to illegally profit from the apartment; now I am in the middle of eviction proceedings. To add, the prime-tenant claims to have lived here the entire period(false, not 1-night). Do I have any legal right or a potential strong defense? Additionally, the Landlord is evicting the prime-tenant concurrently for breaking the terms of the lease.
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Old 01-06-2014, 09:56 PM
 
419 posts, read 626,249 times
Reputation: 620
sue the prime-tenant.
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Old 01-06-2014, 09:58 PM
 
5 posts, read 21,962 times
Reputation: 12
On what grounds?
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Old 01-07-2014, 07:01 AM
 
1,058 posts, read 1,993,550 times
Reputation: 577
Quote:
Originally Posted by mambomikey View Post
Without the consent of the Landlord. 15 months ago, I was offered the opportunity to "take-over" the monthly rent and occupy the entirety of an apartment. Cut to the chase: The Prime-Tenant wants to illegally profit from the apartment; now I am in the middle of eviction proceedings. To add, the prime-tenant claims to have lived here the entire period(false, not 1-night). Do I have any legal right or a potential strong defense? Additionally, the Landlord is evicting the prime-tenant concurrently for breaking the terms of the lease.
You have not got a prayer my friend--- the landlord is well within his rights to kick you out---- just start looking for a place and I would ask the landlord first if you can have a lease and you promise not to sub it out. Anyone that tells you that you can sue anyone is smoking something funny
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Old 01-07-2014, 07:51 AM
 
Location: Harlem
343 posts, read 1,092,921 times
Reputation: 118
how did you get caught? lol all sublets are illegal because you cant rent out something you don't own.. but i know ppl who sublet & never get caught (there's always a right way to do the wrong thing) and of course the real tenant will expect to make a profit, thats the point.
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Old 01-07-2014, 08:07 AM
 
Location: West Harlem
6,885 posts, read 9,931,471 times
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Quote:
Originally Posted by BellaLove View Post
how did you get caught? lol all sublets are illegal because you cant rent out something you don't own.. but i know ppl who sublet & never get caught (there's always a right way to do the wrong thing) and of course the real tenant will expect to make a profit, thats the point.
Good grief.

Any case. If the unit is stabilized and you can provide proof of residency, it will prove quite difficult for the landlord to get you out. Possession here actually is that proverbial 9/10ths of the law. Conversely, if the unit is not stabilized, it will prove difficult to outright impossible for you to stay.

If you are in a stabilized unit, you would not take legal action against the primary tenant, unless s/he is arguing to return and/or stay, but toward the landlord to take possession of the lease. On the other hand, if you have been illegally overcharged, you can receive triple the amount of overcharge in damages for the primary tenant(s) - or whoever did the overcharging. These are awarded all of the time.

Not all sublets are illegal.

Not all tenants expect to "make a profit." Some need to travel or whatever and want to have the rent paid for a certain time period and perhaps have a kind of house-sitting thing.
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Old 01-07-2014, 08:25 AM
 
Location: Harlem
343 posts, read 1,092,921 times
Reputation: 118
Quote:
Originally Posted by Harlem resident View Post
Good grief.

Any case. If the unit is stabilized and you can provide proof of residency, it will prove quite difficult for the landlord to get you out. Possession here actually is that proverbial 9/10ths of the law. Conversely, if the unit is not stabilized, it will prove difficult to outright impossible for you to stay.

If you are in a stabilized unit, you would not take legal action against the primary tenant, unless s/he is arguing to return and/or stay, but toward the landlord to take possession of the lease. On the other hand, if you have been illegally overcharged, you can receive triple the amount of overcharge in damages for the primary tenant(s) - or whoever did the overcharging. These are awarded all of the time.

Not all sublets are illegal.

Not all tenants expect to "make a profit." Some need to travel or whatever and want to have the rent paid for a certain time period and perhaps have a kind of house-sitting thing.
there you are, was waiting on your response.
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Old 01-07-2014, 11:05 AM
 
5 posts, read 21,962 times
Reputation: 12
Thanks to everyone for the advice!

To be clear. It is the Primary Tenant who is evicting me. The landlord is well aware. Privately, the LL has offered me the lease if I am willing to testify that the PT sublet w/o his consent. Furthermore the PT is claiming "Illegal Lock-out" to appear as if it was her primary residency all along. Any further feedback is much appreciated!
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Old 01-07-2014, 11:51 AM
 
6,680 posts, read 8,238,729 times
Reputation: 4871
Quote:
Originally Posted by mambomikey View Post
Thanks to everyone for the advice!

To be clear. It is the Primary Tenant who is evicting me. The landlord is well aware. Privately, the LL has offered me the lease if I am willing to testify that the PT sublet w/o his consent. Furthermore the PT is claiming "Illegal Lock-out" to appear as if it was her primary residency all along. Any further feedback is much appreciated!
Did you pay rent yourself to the LL or the PT?
If you like where you are stick on the side of the LL.
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Old 01-07-2014, 12:09 PM
 
5 posts, read 21,962 times
Reputation: 12
Rent till 12/1 was being paid to PT. Any advice as to how best represent myself in court vs. PT?
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