| When is it an illegal sublet?
Our clients are often confronted with the landlord’s charge that someone is subletting the apartment without permission. There are a hundred permutations of the illegal sublet holdover, and we have found that the smallest detail – such as the manner the notice was received, the status of the relationship with the non-lease occupant, or the dates in which important events occurred – can make the biggest difference.
The most important factor in the successful defense is the formulation of the correct approach – what legal description the occupants fall into, when to bring a defense, whether to go to a jury, what is the most compelling way to structure the facts, what witnesses to bring. There are dozens of ways to defeat an illegal sublet case on both legal and factual grounds. Our role is to use our experience in crafting and timing the tenant’s defenses in the most strategically sound way.
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