Results 1 to 3 of 3
  1. #1

    Default Illegal Sublease

    My question involves landlord-tenant law in the State of: New York

    Hello, I recently signed a sublease for an advertised furnished studio in Manhattan with a European man, who has been renting the apartment for many years and subletting while he travels for extended periods each year. Everything was going well until shortly after moving in I realized that there was a bed bug infestation present within the apartment.I have proof of negligence of the primary tenant. As a result of his horrible tactics in dealing with the situation I began questioning him and the lease overall. After he blatently stated that I "should not show management the sublease" and when the super intentendt came up to inspect the situation told me that " I would have to tell management that I was the tenants girlfriend" (which shows the super new of this activity) it finally came to my attention that the sublease was an illegal one and I began questioning everything. I also learned that the studio was not in fact a studio, but a duplex, that the tenant had created into two separate apartments. I learned of this after looking into one of the closets and seeing inclosed stairs, learning that the woman who was supposedly " renting the tenants apartment upstairs" had my mailbox, and that we shared an intercom. As a result of this, and the fact that I don't think it is right for someone to A) illegally sublet B) have a scheme such as this going I contacted the management building. I made them aware of the situation and sent them a copy of the sublease, and all email correspondance between myself and the tenant. My questions are as followed : I have stopped paying the tenant rent, and he has threatened me via email that I am going to be evicted, that he is coming back to the US next week and that I will be forced to move, and that he will seek legal action, what rights do I have? I understand that I will most likely be evicted, but doesn't that process ahve to be undergone through the courts? Isn't it illegal for the tenant to throw me out? Since the sublease is in fact illegal isn't it unlawful for him to seak legal action against me since he wasn't supposed to be subleassing the apartment withouth letting management know to begin with? When the tenant comes back next week do I have to leave the apartment? What will mostly come out of this situation? Any help would be greatly appreciated (I am a female college student and the whole ordeal has really interfered with my education, and my stress level since I dont feel safe in the apartment now)

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Illegal Sublease

    If you don't pay your rent, you can be evicted.

    A sublease is not "illegal" merely because it breaches the provisions of the original tenant's lease - that merely gives the original tenant's landlord grounds to evict him (and, as a consequence, you). If you wish to object to the original tenant's landlord that you are illegally subletting the unit, such that the landlord evicts both you and the original tenant, you have that right. You may end up with a breach of contract action against the original tenant for his inability to provide the premises for the duration of the term of the sublease.

  3. #3
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Illegal Sublease

    Quote Quoting tinkerbell2000
    View Post
    My question involves landlord-tenant law in the State of: New York

    Hello, I recently signed a sublease for an advertised furnished studio in Manhattan with a European man, who has been renting the apartment for many years and subletting while he travels for extended periods each year. Everything was going well until shortly after moving in I realized that there was a bed bug infestation present within the apartment.I have proof of negligence of the primary tenant. As a result of his horrible tactics in dealing with the situation I began questioning him and the lease overall. After he blatently stated that I "should not show management the sublease" and when the super intentendt came up to inspect the situation told me that " I would have to tell management that I was the tenants girlfriend" (which shows the super new of this activity) it finally came to my attention that the sublease was an illegal one and I began questioning everything. I also learned that the studio was not in fact a studio, but a duplex, that the tenant had created into two separate apartments. I learned of this after looking into one of the closets and seeing inclosed stairs, learning that the woman who was supposedly " renting the tenants apartment upstairs" had my mailbox, and that we shared an intercom. As a result of this, and the fact that I don't think it is right for someone to A) illegally sublet B) have a scheme such as this going I contacted the management building. I made them aware of the situation and sent them a copy of the sublease, and all email correspondance between myself and the tenant. My questions are as followed : I have stopped paying the tenant rent, and he has threatened me via email that I am going to be evicted, that he is coming back to the US next week and that I will be forced to move, and that he will seek legal action, what rights do I have? I understand that I will most likely be evicted, but doesn't that process ahve to be undergone through the courts? Isn't it illegal for the tenant to throw me out? Since the sublease is in fact illegal isn't it unlawful for him to seak legal action against me since he wasn't supposed to be subleassing the apartment withouth letting management know to begin with? When the tenant comes back next week do I have to leave the apartment? What will mostly come out of this situation? Any help would be greatly appreciated (I am a female college student and the whole ordeal has really interfered with my education, and my stress level since I dont feel safe in the apartment now)
    You are more than likely to get the original tenant and yourself kicked out. Since you are subletting, you will need to find another place.

    1. Sponsored Links
       

Similar Threads

  1. Subleases: Can Someone Be Sued for Rental Money on an Illegal Sublease
    By dondo in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 09-16-2011, 09:34 PM
  2. Subleases: Illegal Commercial Sublease in Kansas
    By molly4 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-01-2010, 11:20 AM
  3. Subleases: Technically Illegal Sublease
    By PFC18 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 04-17-2009, 05:31 AM
  4. Rental Agreements: Florida Illegal Sublease
    By verdenole in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-10-2009, 06:33 AM
  5. Subleases: Can A Sublessee Sue A Subtenant For An Illegal Sublease In California
    By visualc16 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-09-2008, 12:59 PM
 
 
Sponsored Links

Legal Help, Information and Resources