Sublet tenant re-sublet my apartment without my knowledge AND made a profit!

[Binkerson]

What is the name of your state (only U.S. law)? NY
I have been subletting my apartment for the past year while I was away. My Landlord was aware of this and approved it (although we didn't have anything in writing, thus it was "illegal"). Recently, I was informed by the super that he had seen many people coming in and out of my apartment.
I knocked on the door and discovered that a family of 5 was living in the apartment! (It is a studio). It was filthy and smelled awful.
I also learned that my sublet tenant had received an additional $400 in rent from these people.
They have now vacated the apartment (and did a decent cleaning but it still smells awful). I am planning to withhold her deposit money on the grounds that she violated our agreement by subletting the apartment without my knowledge or permission and also because she profited from an apartment that she has no legal rights to. Does she as an illegal sublet have any right to sue me for refusing to return the deposit.
(Im also withholding on the grounds that I will likely forfeit my own deposit bc her violation was ultimately a violation on my part of the lease that I hold with my LL)What is the name of your state (only U.S. law)?

 

[FarmerJ]

if sub tenant over charged another party just how is it that it will cause you harm ? deposit BTW if your actual LL has not sent you a notice stating a lease violation occured then whats the point if the unit is empty now of trying to create one ? deposit money Keep it to actual damage , you said unit still stinks , well then its still damaged , likely primer and sealer and recleaning all wood surfaces and cleaning any carpeting all over again should do the job.

 

[cyjeff]

Are you angry because your sublessor did EXACTLY the same thing YOU did or because she did it better?