[laura]

I sublet my apartment in February 2006, from a girl who sublet it from her boyfriend who sublet it from two girls, we'll call them Jane Doe and Mary Smith. There was no written sublet agreement, the landlord and management were quite relaxed about the whole thing. The rent bills continued to come to "Jane Doe and Mary Smith", but I paid them with my checks. In June when the lease was up the management company automatically renewed it in the name of Jane and Mary, but I signed the form and sent it back. Obviously I should have officially taken over the lease at the time, but the management obviously didn't care and I didn't bother. Frankly I was very happy to continue the sublet arrangement as I have poor credit.

Everything was fine until a couple of months ago when a new management company took over the building. They had everyone fill out contact forms, and after I sent mine back I got a call from a guy at the management company because my name isn't on the lease. I explained that it was a sublet and he seemed fine with that.

Then when I sent my April rent check in, they sent it back because my name isn't on the lease. Meanwhile, they also sent me - or rather Jane Doe and Mary Smith - the rent renewal papers. I signed everything, along with a letter explaining the sublet situation, copies of checks, etc.

Well, I just got a Ten Day Notice of Termination notice because it's an illegal sublet because there was no written agreement. It seems to me that the fact that the previous landlord accepted my tenancy and the previous management accepted my checks for a year would account for something, but these new guys are obviously By The Book and very unlike the casual-minded old management.

If I'm not out by May 9, which I obviously won't be, they're starting legal proceedings against me. And I have NO money for a lawyer.

[armchair_warrior]

http://www.tenant.net/phpBB2/index.php

good luck.
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[laura]

Thanks for the link, Armchair.

[stacey]

I think a management company has a certain period of time to rectify a situation once they have notice of it, and to cover their asses they send out an eviction letter. Have you asked them if you provide a sublease agreement will they accept that? I *think* that if they decide to break the lease since Doe and Smith violated it (by their standards at least), and you have been a model tenant the law may allow you to have something similar to right of first refusal, or the mgmt co. may decide to just let you take over the lease. The only downside to that is they may be able to raise the rent on you. Again, I am not too sure. This sounds like a situation where you should get a little legal advice on. You can contact the Brooklyn Bar Association who will refer you to a L&T lawyer who will give you advice. Usually its a small fee for a consultation. Some attorneys who can advise you over the phone usually don't even charge you. Good luck.

[Ben]

is this rent stabilized or free market? it will make a world of difference. If it's free market and the lease expires they are under no obligation to offer you a lease and can tell you to leave. You can fight it but you will lose.

If it is rent stabilized then the fact that your checks were accepted for a year does matter as you were clear that you were the one living there and they didn't do anything to stop you and continued to take your rent. However, upon lease renewal they can get a vacancy allowance and increase your rent by 20% for a 2-year renewal, slightly less for a one year. If the unit is far below market rent then it may not be a big deal.

[laura]

It's rent stabilized, at market rent. I'd happily pay the vacancy allowance to be able to stay.

[apollonia666]

Laura, you might also want to try calling Pratt Area Community Council to see if they have any advice for you: 718-522-2613.

[laura]

Thanks. I also talked to the old landlord (who sold the building to these new guys) today and he was very nice and helpful, gave me some advice on dealing with the situation as well as the name of a good and not-too-expensive attorney. So I think I've quite a few resources to draw upon.

[filmlover44]

IMHO - Your signature is on the lease, Previous landlord accepted it. End of story.
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Ok, now I'm crazy. Another goal achieved.

[laura]

The previous landlord obviously accepted my tenancy in act if not by written sublet agreement, so yeah I do think that accounts for something. He said he would be happy to vouch for me being a model tenant towards taking over the lease, but I know the new management (a huge impersonal company which paid big $$$ for the building) would rather dump me out so they can renovate the apartment and jack the rent up.

[digbklyn]

The folks at the Fifth Avenue Committee helped us out. Their advocate even came with us to Housing Court and got a ruling in our favor against our (now former) landlord, who was a high-priced real estate lawyer. They're at 621 DeGraw Street, btwn 3rd and 4th Aves. Tel. 718-237-2017 They don't charge anything, but if you can, give a small donation or volunteer some time.

[laura]

Thank you so very much, I will call them on Monday.

[Garfunky]

ello there.

Just wondering how this situation is progressing ?

My understanding of the situation is that your OLD landlord was fine with turning a blind eye. This is his prerogative. But he sold the building, and now the new landlord has (seemingly) immediately noticed the discrepancy and started action. So apparently there was nothing in the contracts that stated something to the effect of "there is an illegal subtenant and new owner is ok with that". indeed , i cant help but wonder if the new LL has a right to bring a case against the seller for a failure to disclose this information. anyways

IF the NEW LL had also turned a blind eye ,for i think its 90 days, then you would have rights on the apt. (acceptance by inference ? )

But since they took action immediately upon buying the building and becoming aware of the illegal sublet , i think youre pooched.

i sincerely hope you spoke with a real estate attorney.

good luck

[armchair_warrior]

i haven't seen her posting.

omg she is living on the streets!

/ends wild imagination.
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[laura]

I spoke with a couple of attorneys .. just waiting now for the next move from the management company.

[Garfunky]

[laura]

I had been paying the legal rent to the landlord, not going through the original tenant.

The situation with the new management is that they say they "cannot" let me stay in the apartment and formally take over the lease because they "need to renovate" the apartment so that they can increase the rent from $1600 to $2000. They recently renovated another apt in the building - replaced perfectly good kitchen cabinets with different ones, replaced the appliances with sleek modern black ones etc - so they could justify jacking the rent up.

[Garfunky]

well anyways , youre not on the streets - which is good.
i sincerely hope you continue to have a roof over your head without too much difficulty.

the ambiguity of how of the situation will resolve is actually quite intriguing to me.

had the previous LL tried this , youd have him by the shorties !
but
i doubt "inferred acceptance" can be magically assigned to the new LL .
the new owner has apparently not accepted and immediately attempted to take steps.

Yet, i have a hard time believing a judge will let the marshalls office evict you in such short order, no matter how imperious looking the LL's order to vacate appear. clearly you still have a roof over your head.

do keep us enquiring minds informed k ?

best wishes

[laura]