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All Forum Posts by: John WIlson

John WIlson has started 1 posts and replied 4 times.

Non renewal notice isn't applicable, very strict rent control/tenant laws in this area. A notable eviction attorney in the area wouldn't even take on the case given the missing signature, basically **** out of luck as he implied. 

Quote from @Adam Martin:

If they are month to month can’t you just add the no subletting to their contract with the appropriate notice.  You have rent control where I’m sure you are raising the max per year and can’t change that but can you change terms such as that.  I’m honestly not sure but it may be a solution.


There is a no subletting clause in their lease (which is missing the signature). So posting a notice prohibiting subletting could maybe supersede the original lease? 

Quote from @Kevin Sobilo:

@John WIlson, I would in addition to evicting try to sue them for the money they have been making AND report them to the authorities for violating the rent control laws! If you are restricted to what you can charge for rent then they are too and should be subject to the same fines/penalties!

They were unjustly enriched through their clear violating of the lease. So, I would sue to try to claim that money. For example if you could show they made $1k/month profit for 2 years subletting I would claim they owe $24k to me. Its worth a shot and if you have enough proof you might be able to get them to offer a settlement.

When is the lease up? You can sign a fresh lease and get that signature you might need. BTW. No clue how you lose a page from a lease. I can't imagine that happening to me.

Tenants are carry-over from the previous owners of the building, hence the missing page. Lease has been month to month for 30+ years. 

A tenant of mine has been living in a rent controlled unit since the '80s & pays $1000/mo. for a 3 bedroom (market is $3,800). It has come to my attention that a new sublessee has moved in a few days ago. The original tenants do not live there, however they still pay us monthly. I am almost positive they are making bank from this sublet situation. We have the original lease, which prohibits subleasing, but we are missing the last page which has a signature. We are willing to do anything within the confines of the law to bring this unit to market again. Do we have any recourse? Thank you.