tenant eviction rights

I reside in Manhattan, NYC. I have a friend who has been subletting from someone for the past 8 years. Unfortunately, it is not a legal situation, as the landlord was not informed.However, at one point, her name was entered into the lease (yet remained unacknowledged by the landlord -- the original renter is still listed as the tenant). They finally got wind of the situation and issued a letter to him giving him 15 days to "cure" the situation. My understanding through his intermediary is that he is going to give the apt up rather than face a legal battle.In the interim, my friend is out of the country until August 20. My question is as follows: Once the Aug 15th deadline passes and the landlord pursues the eviction, what are the events that follow? That is, a law enforcement officer posts an eviction notice and my understanding is that she has 5 days to respond. After that time period, how long does she legally have to vacate the premises? What are her rights during that time?

Thank you.

Wendy:

One the landlord is entitled to have te apartment rented to only the person named on the lease.

But in this situation, the subtenat could fight for tenancy by suing the lease holder for any rent overchages... for example if the rent was $500 and she ws paying $600, she would be entitled to collect 3 times the $100 overcharge for the 8 years!

So what was the legal rent on the apartment as registered with DHCR and what was she paying?

Also the landlord is entitled to a 20% vacancy increase....so if the landlord is a nice guy and she meets the income requirements...she could ask for a lease in her name at a 20% over the last rent...and can stay.

And how was the rent paid? did she pay the LL? as you see it gets complicated because she has some rights.. and every detail means sommething here in NYC.

Are the Utilities in His name or hers? How did her name get on the lease? Is it still there then she could be considered a roomate, and could stay ...did she keep a copy of the lease with HER name on it? IF not do you think the Landlord would volutarilly give her a copy so she could stay? NAHHHHHHHH!

Someone has to be personally served with the papers, so she will have some time to play with, but why doesnt he want to fight it?

Having a rent stabilized lease is like GOLD here in NYC, and to give it up wihout a fight is DUMB...unless you are well off financially and can afford a more expensive place.

So there are lots and lots of questions that need to be answered before she throws away what could be a winning lottery ticket!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Wendy L:
I reside in Manhattan, NYC. I have a friend who has been subletting from someone for the past 8 years. Unfortunately, it is not a legal situation, as the landlord was not informed.However, at one point, her name was entered into the lease (yet remained unacknowledged by the landlord -- the original renter is still listed as the tenant). They finally got wind of the situation and issued a letter to him giving him 15 days to "cure" the situation. My understanding through his intermediary is that he is going to give the apt up rather than face a legal battle.In the interim, my friend is out of the country until August 20. My question is as follows: Once the Aug 15th deadline passes and the landlord pursues the eviction, what are the events that follow? That is, a law enforcement officer posts an eviction notice and my understanding is that she has 5 days to respond. After that time period, how long does she legally have to vacate the premises? What are her rights during that time?

Thank you.
<HR></BLOCKQUOTE>

Peter:
Thanks for your quick response. A few answers...

1) she has been paying the legal rent and no overage (believe it or not)!
2) The rent was paid via his checks through his intermediary (sticky situation)
3) The utilities are in her name
4) My understanding is that the landlord never returned the lease with her name added -- the primary tenant (the guy she sublets from) was the only name listed on the lease. As far as getting a copy of that -- get real! I've lived in NYC for 16 years now -- and always in rent stabilized apts and know what the market is like now in terms of landlords battling to get rid of the stabilized tenants.
5) Can't share the info regarding why he doesn't want to fight it -- let's just say that he no longer lives here and has no interest in returning.


So...she has to be personally served? I thought that they just put a sticker or something on the door and that qualified as being served?

I would suggest she get a lawyer fast...it is possible, that the landlord may not want to fix up the apartment, and would rather have a stable tenant in there at a 20% vacancy increase plus the 2 or 4% for the lease....so offer the landlord a 24% increase for a two year lease which is the law... and see what his feelings are.

If the LL doesnt agree.. then she really doesnt have much choice to move....

The papers will be attempted to be served on HER,aka john or dane doe.. and the prime tenant, a copy must be miled BOTH regular mail and certified mailk return reciept, and the process server has to make 3 attempts top serve anyone in the apartment, if she tries to hide that counts as served, and then last is Nail and mail...to nail it ito her door.. then she has to go to courtwiythin 5 days and answer the summons and get a court date.

If he has no reason to ever come back, then shes screwed unless the landlord agrees to the 24% increase...oh if he is in JAIL, they cant evict her....he is coming out sometime...no kidding!

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Wendy L:
Peter:
Thanks for your quick response. A few answers...

1) she has been paying the legal rent and no overage (believe it or not)!
2) The rent was paid via his checks through his intermediary (sticky situation)
3) The utilities are in her name
4) My understanding is that the landlord never returned the lease with her name added -- the primary tenant (the guy she sublets from) was the only name listed on the lease. As far as getting a copy of that -- get real! I've lived in NYC for 16 years now -- and always in rent stabilized apts and know what the market is like now in terms of landlords battling to get rid of the stabilized tenants.
5) Can't share the info regarding why he doesn't want to fight it -- let's just say that he no longer lives here and has no interest in returning.


So...she has to be personally served? I thought that they just put a sticker or something on the door and that qualified as being served?
<HR></BLOCKQUOTE>

Peter:

Thank you again for your insightful response. I am assuming from your vast knowledge that you currently practice or have done so in the past. If you can recommend any good RE lawyers in the city, I'd certainly appreciate it. I don't know if that is against the rules or not...but you can find my email in my profile.

Thanks again.

Wendy L

The best place to go for any NYC infomation about L/T advice is
[url="http://www.tenant.net"]http://www.tenant.net[/url]

There are a few good tenant lawyers who advertise there...

Also you can post these questions there too, the majority of posters live in NYC ...so you may get even more options to this problem..

But considering how all the landlord want to kick out all the Illegal sublets, even if she offers the landlord 24% more in rent, he still may want to fix up the apartment and get 50 or 100% more.....

just a very hot real estate market......hope she has a couple of thousand to spend...

Also if he is Incapacitaded, he still could keep the apartment, or in Jail, or caring for dying parents, all good vaild reasons the landlord cannot evict.

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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Wendy L:
Peter:

Thank you again for your insightful response. I am assuming from your vast knowledge that you currently practice or have done so in the past. If you can recommend any good RE lawyers in the city, I'd certainly appreciate it. I don't know if that is against the rules or not...but you can find my email in my profile.

Thanks again.

Wendy L<HR></BLOCKQUOTE>