Legal Question in Real Estate Law in New York
Today, taped to our apartment door, was a "TEN (10) NOTICE TO CURE". It names our lease holder and one of the tenants here. It does not name the son of the lease holder (adult) nor me (a sublet as the other tenant).
Our lease holder lives in another state and has not been living here for years. His son, who I thought was named on the lease, has lived here on and off. But, went to the other state about a year ago or more. He's been paying our rent, with his checks, via the other state.
Many of the apartments in our building are going "condo". We are rent controlled, nevertheless. Now, this "cure" says we have 10 days to "cure" the illegal sublet (with one tenant named) and mentions the fact that the lease holder does not have this as his primary residence and mentions the address in another state.
The lease holder, not his son, is in his 80s. To "cure" the situation in 10 days, it seems, by the wording that the older gentleman will have to pack his house and move back, the rest of us or the named tenant must leave. All in ten days. I doubt the older gentleman will return, but his 51-year-old son might (and may be named on the lease).
Can we really "cure" this situation with the son moving back and getting rid of the roommate named, if we do it in ten days. How do we prove we did it? It's a big building and to prove it would be nearly impossible. Does this notice mean they're really planning on evicting us? Should we just pack? Should we even pay rent this month?
It seems unfair for us, the roommates, one of named on the paper, would have to pay rent and not be able to live here. If the named roommate refuses to pay, my half, which goes to the son [of the lease holder], anyway, is not enough to cover rent.
Should we just hold our rent and move now?
Should we wait for the eviction notice?
Is there really any way to reverse this without us "tenants" moving out?
2 Answers from Attorneys
You may have a defense. The real objective is to remove you so that the sponsor can sell the apartment at market value instead of giving you the insider discount. Many facts are missing but is sounds like you are in an unapproved sublet. You have been on borrowed time and now time is running out. You can stay in the apartment most likely for months, but you need to strike a deal with the landlord.
In the meantime, I would not pay rent until and unless I had a deal of some kind with the landlord.
We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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