on Feb 25, 2013 i entered into sub lease agreement; i took over the apartment and am the sole person residing. after two occasions where sub leaser didn't pay rent to master tenant on time. i started sending rent directly to Master landlord. i have learned that this building is a HPD sponsored project and tenant of lease had no right to sub lease. Master landlord has taken rent and i have sent three letter to the master land lord; with no response as yet.. what rights do i have. concerned for persona; safety and my belongings
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sublease agreement
- Thread Starter vrwill
- Start date
- Status
army judge
Super Moderator
NY laws regarding this can be very tough.
I'm not sure what you're trying to accomplish.
I suggest you speak with a local lawyer, or try to get out of that THING you're calling a "lease".
fredrikklaw
Moderator
You are set!
VRWILL...
Your rights and remedies are EXACTLY the same as any tenant anywhere in this country and you should not worry for even a second about the safety of your person or personal properties as the days when landlords employed all manners of self-help tactics to deal with problematic tenancies are long, long, gone. As such, nobody, not even law enforcement and the erstwhile landlord can enter, vary, eject, evict, or otherwise affect your tenancy in any shape or form without due process which in the case of Landlord-Tenant is a process called an Unlawful Detainer Action.
The varying phraseology or verbiage from state to state notwithstanding, this is an action which has to be filed and prosecuted by a landlord before he (or she) can enter the premises. So do not be shy or afraid to scream out any foul play which could for example be the landlord entering the premises wily-nilly or attempts to change locks or actions to that effect. In fact, you can go so far as calling the police and reporting the landlord (or anyone else in his agency) for breaking and entering. There is a reason that the provision of Landlord-Tenant Laws come firmly under the main umbrella of Property Law and it is astonishing that almost all tenants, be it private or commercial, local or nationwide are universally and maddeningly ignorant of the rights that have been conveyed to them by virtue of the lease agreement.
When a landlord executes a lease hold (or agreement) he is in effect conveying possessory rights to the tenant (but) with a future right of reentry for either breach of condition or the natural expiration of the estate. In other words, the tenant is, for all intents and purposes, the owner of the property for the duration of the lease hold and as such cannot be, and should not be intimidate by some of those overbearing and misinformed landlords who tend to permanently hover over the property while micromanaging the tenant.
That said, the agreement you have entered is not a sublease, but an ASSIGNMENT of the lease since you have taken over the entire concern and as The third-party assignee, you become the "tenant" under the lease, taking over all of the leased premises, substituting for the old tenant and as the new tenant you pay the rent required under the lease directly to the landlord and are treated as the tenant under the lease for all purposes. This holds true regardless of whether the old tenant had the right to sublease or assign the lease as you are considered a purchaser (or assignee) in good faith keeping all the provisions of the lease in full force and effect.
This works in your favor even more when you consider that the assignor tenant, unless released from liability by the landlord, remains liable for the obligations under the lease if you should default. The old tenant can then be sued by the landlord for back rent and other obligations imposed by the lease if the new tenant fails to pay or perform as required by the lease.
So, in a funny, contorted, roundabout, karma-is-a-b**** kind of way, not only have you been given full tenant rights by the assignment, you have also been given an option to put the old tenant to the sword if he has, as you suspect, absconded with the rent. Because he may think he is out, but unless he was released by the landlord, then he is still on the hook for all liabilities arising out of breach of the lease.
So, don't kill yourself with worry waiting for a receipt or confirmation from the landlord and just sit back, relax, and enjoy your tenancy with all the fun that comes with it.
fredrikklaw
VRWILL...
Your rights and remedies are EXACTLY the same as any tenant anywhere in this country and you should not worry for even a second about the safety of your person or personal properties as the days when landlords employed all manners of self-help tactics to deal with problematic tenancies are long, long, gone. As such, nobody, not even law enforcement and the erstwhile landlord can enter, vary, eject, evict, or otherwise affect your tenancy in any shape or form without due process which in the case of Landlord-Tenant is a process called an Unlawful Detainer Action.
The varying phraseology or verbiage from state to state notwithstanding, this is an action which has to be filed and prosecuted by a landlord before he (or she) can enter the premises. So do not be shy or afraid to scream out any foul play which could for example be the landlord entering the premises wily-nilly or attempts to change locks or actions to that effect. In fact, you can go so far as calling the police and reporting the landlord (or anyone else in his agency) for breaking and entering. There is a reason that the provision of Landlord-Tenant Laws come firmly under the main umbrella of Property Law and it is astonishing that almost all tenants, be it private or commercial, local or nationwide are universally and maddeningly ignorant of the rights that have been conveyed to them by virtue of the lease agreement.
When a landlord executes a lease hold (or agreement) he is in effect conveying possessory rights to the tenant (but) with a future right of reentry for either breach of condition or the natural expiration of the estate. In other words, the tenant is, for all intents and purposes, the owner of the property for the duration of the lease hold and as such cannot be, and should not be intimidate by some of those overbearing and misinformed landlords who tend to permanently hover over the property while micromanaging the tenant.
That said, the agreement you have entered is not a sublease, but an ASSIGNMENT of the lease since you have taken over the entire concern and as The third-party assignee, you become the "tenant" under the lease, taking over all of the leased premises, substituting for the old tenant and as the new tenant you pay the rent required under the lease directly to the landlord and are treated as the tenant under the lease for all purposes. This holds true regardless of whether the old tenant had the right to sublease or assign the lease as you are considered a purchaser (or assignee) in good faith keeping all the provisions of the lease in full force and effect.
This works in your favor even more when you consider that the assignor tenant, unless released from liability by the landlord, remains liable for the obligations under the lease if you should default. The old tenant can then be sued by the landlord for back rent and other obligations imposed by the lease if the new tenant fails to pay or perform as required by the lease.
So, in a funny, contorted, roundabout, karma-is-a-b**** kind of way, not only have you been given full tenant rights by the assignment, you have also been given an option to put the old tenant to the sword if he has, as you suspect, absconded with the rent. Because he may think he is out, but unless he was released by the landlord, then he is still on the hook for all liabilities arising out of breach of the lease.
So, don't kill yourself with worry waiting for a receipt or confirmation from the landlord and just sit back, relax, and enjoy your tenancy with all the fun that comes with it.
fredrikklaw
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