tag:blogger.com,1999:blog-3424397791172329011.post6368389380568304561..comments2023-02-12T09:28:25.429-05:00Comments on Diamond Street: My time as Eric Galloway's Tenant - Part 2victorinhudsonhttp://www.blogger.com/profile/00727070764427725170noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-3424397791172329011.post-43892055933527776222012-04-24T07:26:53.268-04:002012-04-24T07:26:53.268-04:00VM--whether you were or were not legal. So long as...VM--whether you were or were not legal. So long as rent was paid and no court order authorized your landlord or his agent to evict you and your property--HE HAD NO LEGAL RIGHT TO ENTER THAT APARTMENT (unless it was for some emergency!Bruce Babitthttps://www.blogger.com/profile/05994844960647770167noreply@blogger.comtag:blogger.com,1999:blog-3424397791172329011.post-42184110071700712782012-04-24T07:22:21.563-04:002012-04-24T07:22:21.563-04:00I am not sure where you are getting your informati...I am not sure where you are getting your information from... if my memory is not failing me from my law school days in the 80s and of NYC's RPL (real property law), which as I recall, statutorily provides that rent stabilized apartment leases must & always include and provide the tenant with a right to sublet. However, a tenant can only sublet for a period of time (i believe 2 years) and a landlord can reject the subtenant BUT only for reasonable and good cause. B BabittBruce Babitthttps://www.blogger.com/profile/05994844960647770167noreply@blogger.comtag:blogger.com,1999:blog-3424397791172329011.post-59829664892730722682012-04-22T23:33:54.161-04:002012-04-22T23:33:54.161-04:00R. Rasner - In this post I have signed a new lease...R. Rasner - In this post I have signed a new lease in my name (for Unit 25) with Mr. Galloway's company the Lighton Group. All of my stuff was in Unit 6 for which I had paid rent to the over tenant who had in turn paid the rent on Unit 6. Galloway did not have possession of Unit 6. Lots more details tomorrow.victorinhudsonhttps://www.blogger.com/profile/00727070764427725170noreply@blogger.comtag:blogger.com,1999:blog-3424397791172329011.post-67419976714354644282012-04-22T23:20:49.297-04:002012-04-22T23:20:49.297-04:00A legitimate subtenant may enjoy rights, but if th...A legitimate subtenant may enjoy rights, but if the lease specifically prohibits or requires the landlord's approval for sub-leasing, which almost all apartment leases do, the situation changes. In that situation, the balance of power certainly shifts to the landlord. Standard language in a New York lease states: " An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement."<br /><br />I'm not sure where you are going with this, but to be fair, you should point out that in fact, you may have been an illegal tenant in the owner's building. <br /><br />There are two sides to every story, no matter who the players or the parts they play. <br />Thanks for hearing my view.R. Rasnerhttps://www.blogger.com/profile/01940086801808259789noreply@blogger.comtag:blogger.com,1999:blog-3424397791172329011.post-84700204600913389102012-04-22T21:21:42.643-04:002012-04-22T21:21:42.643-04:00R. Rasner - The previous landlord had no problem w...R. Rasner - The previous landlord had no problem with sublets, that is why there were so many people in the building subletting. But I assume that the lease was a standard lease and prohibited it. <br /><br />However, subtenants have rights as well. Anyone living in any apartment for 30 days is a tenant. To evict a subtenant a landlord must take the subtenant to court.victorinhudsonhttps://www.blogger.com/profile/00727070764427725170noreply@blogger.comtag:blogger.com,1999:blog-3424397791172329011.post-31450943050514455752012-04-22T20:23:08.385-04:002012-04-22T20:23:08.385-04:00I'm afraid of what is going to happen next.I'm afraid of what is going to happen next.Prison Alleyhttps://www.blogger.com/profile/10059050028975347899noreply@blogger.comtag:blogger.com,1999:blog-3424397791172329011.post-49090381780215747242012-04-22T20:17:57.900-04:002012-04-22T20:17:57.900-04:00Did your friend's lease actually permit him to...Did your friend's lease actually permit him to sublease to you? That would be very rare in an apartment lease in NYC.R. Rasnerhttps://www.blogger.com/profile/01940086801808259789noreply@blogger.com