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Posted by Mark Smith on February 17, 2000 at 00:17:31:

In Reply to: Re: can my roommate add her boyfriend to lease: NO posted by Anna on February 16, 2000 at 18:29:57:

Grace asked:

My roomate and I are both signers on the lease for our rent-stabilized 2 bdrm. apt. in Chelsea.

I want to know: .....

c) if she leaves the apt. can I just renew the lease or will we have to sign a whole new lease thereby increasing the rent by a whole lot?

and Anna replied:

should be renewal lease, not vacancy lease.

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I disagree. You and your co-tenant have the right to renew the lease in the same manner as you executed the original lease -- a lease signed by both of you. The landlord does not have to renew the lease with either of you individually. Why should the landlord give up the security of having two people obligated to pay the rent?

If the landlord chooses to renew with only one of you, after the other chooses not to renew, the landlord would be entitled to the statutory increase: 18% for a one-year lease or 20% for a two-year lease.

Follow Ups:

• Re: can my roommate yada yada: Smith is wrong, I hope. Ex-Roommate 02/17/00 (0)

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: 
: Grace asked:

: My roomate and I are both signers on the lease for our rent-stabilized 2 bdrm. apt. in Chelsea.

: I want to know:  .....

: c) if she leaves the apt. can I just renew the lease or will we have to sign a whole new lease thereby increasing the rent by a whole lot?

: and Anna replied:

: should be renewal lease, not vacancy lease.

: ===========================================

: I disagree.  You and your co-tenant have the right to renew the lease in the same manner as you executed the original lease -- a lease signed by both of you.  The landlord does not have to renew the lease with either of you individually.  Why should the landlord give up the security of having two people obligated to pay the rent?  

: If the landlord chooses to renew with only one of you, after the other chooses not to renew, the landlord would be entitled to the statutory increase: 18% for a one-year lease or 20% for a two-year lease.



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