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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33166
Experience:  17 years of legal experience including real estate law.
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How are my rights affected as an undertennant when the landloard

Customer Question

How are my rights affected as an undertennant when the landloard is also the overtennant?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Tina replied 1 year ago.
Hello and welcome,
Please indicate what specific rights you would like me to address. This is a sublease situation, do you know whether the primary tenant's lease permits them to sublease?
Customer: replied 1 year ago.
The sublease agreement I'm reviewing states that the landlord is the overtenant so I assume he has a right to sublease. Is this a common type of lease from a landlord? I've asked for a copy of the over lease that is mentioned in the sublease.In New York tenant rights are very strong. Is a sublease a way around these rights?
Expert:  Tina replied 1 year ago.
I see. Thank you for sharing this additional information.
This is very odd since the owner is subleasing the property and not leasing it directly. A sublessee typically has the same rights as a lessee, subject to the express terms of the agreement. However, I would inquire as to why you are being presented with the sublease rather than a lease since the owner of the property is the one renting it to you. I would also ask to review the over lease as something smells fishy here. Perhaps they are not truly the owner of the property or are attempting to sublease this property to you that they have already leased out to someone else?

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