QUESTION
Can our sublessor charge us more than the landlord charges her if she is month to month?
Asked on Sep 26th, 2016 on Real Estate - New York
More details to this question:
My roommate and I are subletting from a tenant in Brooklyn, NY. We recently found out from the landlord (not the tenant) that 1)the amount his tenant is charging us for a sublease is more than he charges for rent of the unit and 2) that the tenant is month to month, not on a 12-month lease. Is the overcharge she is placing on us legal at all? Can we refuse to continue to pay it (the overcharge amount) and only pay the rent price the landlord outlined? Is our sublease even valid if she has no current lease?
1 ANSWER
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It depends whether the apartment is rent-stabilized or not. There is various criteria for being suject to rent stabilization, one of which is that the building must have 6 or more separate apartments.
Answered on Oct 03rd, 2016 at 7:30 AM