Rights in illegal sublet

[CroweW]

What is the name of your state? NY (NYC)

Since July, I have been living in a rent-controlled apartment leased to another person. He wants to keep his name on the lease, but has moved in with his girlfriend. I have no lease and a gentlemen's aggreement that he will give me two months notice if he wants to come back. I understand that this is not a legal sublet, but do either of us have any rights in this situation.

Also, I have recently found out that he misled me about how much he is paying and I am now paying him more than he is paying the landlord. Other than threatening to leave, is there any way that I can negotiate a reduced rent.

 

[FarmerJ]

look at it this way If the Landlord finds out that the lease was breached what do you think the LL will do ? take the time to search on the word sublet using this sites search tab it should give you a fair Idea of what to expect .

 

[aahlee]

First there is a big difference between rent controlled and rent stabilized....

rent control only applies to people who have been living in their apartment continously since june 1970...in other words pretty old people.

You do have a rent overcharge and an illusory tenancy against your "landlord"

You would be able to sue for 3 times the overcharge.

Does the landlord/owner know about you? or the super? is your name on the mailbox?

There might be a way to keep the apartment and get it in your name, but there is a 20% vacancy increase with each new tenant the landlord can charge by law.

Also your "landlord" can charge you up to 10% over his lease if it was a legal sublet and if its furnished.

thats why the details are very important

 

[CroweW]

It must be rent stabilized, not rent controlled. The landlord does not know I'm here, nor does the manager. I've been asked to say I am visiting and to refer all questions to the real tenant. I do not receive mail here and all utilities (also cable TV) are in his name. I simply write him a check every month. I hope this provides the necessary details.

Thanks.