Legal Question in Real Estate Law in New York

What are my rights?

I am living in an apartment that does not belong to me. There is no subleasing agreement and I pay the rent directly to the landlord in the form of a money order. There is a stipulation in the lease that the aprtment may not be subleased. Recently, the super has been harrassing me with threats of taking legal action against me in order to get me to move or to pay him off to keep his mouth shut. The person who's name is on the lease is not making a profit from this arrangement, they are solely doing it as favor to me. What are my rights against the superintendant?


Asked on 11/23/01, 3:12 pm

1 Answer from Attorneys
Savyon Grant Law Office of Savy Grant

Re: What are my rights?

According to NY state law, you are allowed to sublease an apartment only directly from the original tenant.(even if the contract does not allow it). I am assuming that there is no rent control on the apartment. The tenant can legally charge you up to 10% above the lease price.

I am only giving this advice based on what I read in your e-mail. To make sure the advice is in conformance with the law, you need to consult with an attorney and give them the full factual backgroung.

I can be reached at 201-646-9600, if you need further advice.

Savy Grant

Attorney at Law

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Answered on 11/23/01, 9:46 pm


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