Legal Question in Landlord & Tenant Law in New York
Illegal Sublease
If you were subletting an apartment illegally (for example you are staying at the original tenant's apartment but they did not notify the landlord of the sublease) and the orginal tenant charges you more than the landlord charges him/her, is their something you can do? Also, if the original tenant refuses to release security deposit to illegal sublessee, can the sublessee press charges or file a complaint?
Thanks!
2 Answers from Attorneys
Re: Illegal Sublease
Yes, there are laws against the original leaseholder making a profit on the sublease. And the landlord is entitled to only one deposit. The original lessor may also charge a 'deposit', but it must be refunded when the lease terminates.
Your best remedy might be to establish a relationship with the landlord and, by doing so, make yourself the primary leaseholder. You can 'cut out the middleman'.
You are welcome to contact me to schedule an appointment to discuss your options and ways to become the primary leaseholder and thereby get to pay the original tenmant's rent and not the inflated sublease rent!
If Rent Stailized only 10% over rent charged.
You can sue the over-tenant for the security if they refuse to give it back, assuming you have left. they can only have 1 months security. If the aparment is not rent stabilized then it is up to the landlord as to what to charge and you may want to start a relationship with them.
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