difficult case - lease holder moved out , subletter still lives there

[fruitsalad]

hi,

here are the facts:

kristin and daniela used to live together as roommates in a rent stabilized apartment. kristin is the leaseholder and there was no lease or contract whatsoever signed between the two.
the problem started when in summer 2010 2,5 months rent were not payed due to a bedbug problem in the apartment. kristin moved out at the end of october 2010, agreeing that daniela stays. when daniela sent a rent check in november to the managment company directly, the check was not accepted and returned with a letter saying that the managment company had already filed papers for court regarding the summer rent and would not accept rent at this time, furthermore they would not accept it from her.
daniela would like to stay in the apartment and sign a new lease. she offered the managment company and kristin separately to pay all the outstanding rent since last november including a security deposit for the new lease if kristin would resign from the lease at the same time daniela signs a new one.
as kristin is on/off medication due to mental illness, she was not willing or capable to accept the deal.
the managment company would like her to resign.
a court date is set for march 7th.
the entire sum of the outstanding rent starting november 2010 was put on the side and daniela can write a certified check at any time.

what is the best thing to do?

thank you very much upfront!

daniela

 

[mightymoose]

The management is under no obligation to allow either of you to stay. They can evict both of you.
Kristin is the only person on the lease and has abandoned the residence. The management does not need her to sign anything. They could lease the apartment to you if they wanted- but it appears they do not want to.

Contact them again and make it clear Kristin has been gone approx. 4 months already and has abandoned the residence. If they won't allow you to pay past due rent and sign a new lease yourself, then they likely prefer to have both of you out and are just waiting to have the eviction finalized.

Do yourself a favor and start looking for a new place just in case.

 

[army judge]

Rent controlled apartments can't be handed like you wish.

That is why the management doesn't want to accept rent.

You also can't easily sublet a rent controlled unit.

Kristin can appear and cure the default.

Daniela can't.

Daniela lease (sublet) is more than likely illegal.

Unless Kristin gets involved, Daniela is gonna be tossed.