Hi, I accepted a sublease from April 2015 to August 2015, but until June I found that the sublessor showed me a false original contract of which the rent was tampered by him from "$800" to "$860". The original contract between the landlord and sublessor says the rent is $800, but the contract he gave to me is "$860". So the contract I signed with sublessor was "860". Even more worse, we also just know that the landlord does not know this sublease, because my sublessor did not notice the landlord. In this case, can I give the sublessor "$800" instead of "$860" now, and ask him to return back the money I over paid to him ? Also, if necessary, can I accuse him of fraud?
Thanks a lot.
Do you really want to enter into an emotionally and financially disruptive process over $300?
If the apartment is working for you, and the landlord isn't objecting to your occupying it, consider doing nothing until you move out. Then sit down with someone to discuss the issues. And there is a fabulous mediation service available at little or no cost in NY, if you want to try and recover some funds peacefully. www.nypeace.org.
Consider the matter strategically, with all your interests in mind, before "going legal."
Dear New York Subtenant:
In a Rent Stabilized apartment, a tenant may lawfully charge a subtenant the full legal rent along with a 10% surcharge if fully furnished. The tenant does not have an agreement with the landlord to sublease. That is the agreement you made with the tenant. The tenant must include along with the letter of intent to sublease a true copy of the executed and duly acknowledged copy of the sublease agreement made by the tenant and the subtenant. Usually, when a landlord extends consent for a sublet, the landlord will not object to the proposed sublease agreement as long as the rent intended for the subtenant does not exceed the legal rent the tenant pays to the landlord.
If the tenant did not obtain the landlord's consent in advance of you moving in and the tenant moving out, then the subletting is without legal support. The landlord may charge the tenant with a breach of lease and demand a cure. If the tenant cannot make you vacate the apartment, the landlord will terminate the tenancy and commence a summary holdover proceeding in the NYC Housing Court.
If you blow the whistle on the tenant, you will jeopardize your occupancy. A sublease without the landlord's advance consent will not stand when brought to the attention of the landlord and eventually the Housing Court.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
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