Posted by Ace on June 01, 2001 at 10:32:42:
In Reply to: Re: girlfriend/leaseholder moved out posted by deke on May 31, 2001 at 17:56:23:
If it's not in an agreement with signatures, probably not. Look, it sounds like an uncomfortable situation that would best be alleviated if you left once the current term of the lease expires -- you have time now to save money and then move. As the situation between you two is not the best, why aggravate it? It's clear the ex is trying right now to be accomodating -- and she doesn't want contact from you so I think you've known all along where you stand. Let it go. My only advice to you is to start saving your money and find a new place to live once the lease expires.
: :: Guess what? I found several emails (from her) that refer to the agreement. They don't specify the exact details, but they acknowledge that she is going to put me on the lease; what she is going to tell the landlord; and that she has received rent checks from me. One of theses emails is even return/response. Does this help? By the way, she has dictated the terms of our current situation, which is the complete lack of direct contact.
:
: : Verbal agreements do not stand up in court. Your lawyer friend should have advised you on this. Perhaps the lawyer is counting on your ex not knowing this.
: : I would stay on nice terms with her and on your own quietly start saving and looking for a new place to live, just in case come lease renewal she decides to not renew or place your name on the lease. That way you don't end up in the lurch either way and things won't get inconvenient or ugly for everyone involved. Good luck.
: : : That's essentially right. Our agreement is not in writing. I trusted her word, and I'm not sure she is going to renege. Unfortunately we have no contact (this is her way of dealing, or not). There are witnesses to this arrangement, one of whom is a lawyer and has broached the subject with her. Would this count as a verbal contract? And if so, is it relavant?
: : : : Let me get this straight. She's the tenant listed, not you. You live there but she moved out but is still "paying" under her name. This "original agreement" -- is this in writing on paper? If not, then succession rights don't exist for you. please re-read my previous posting.
: : : : : The original agreement was putting me on as a co-tenant in return for keeping her on as long as she wishes, ultimately leaving it with her.
: : : : : Now she's not living up to her end. Since she vacated willingly do I have the right of succession?
: : : : : By the time the current lease expires I will have lived here for over 2 years.
: : : : : How much can the rent go up? I've heard 11% on top of the rent increase allowed by law. Is this right? Do I have any legal rights here?
: : : : : : It would be easier if the ex put you as co-tenant on the lease. If not, find out what her plans are once the lease expires. It sounds like she's being cool about it and letting you stay there for the time being. You could either wait til the lease expires and see if she doesn't renew and then approach the LL to sign your own new lease on the apartment (the rent will go up substantially) or take the time you have left to save up and move to a new apartment come expiration of current lease.
: : : : : : : My ex-girlfriend moved out Jan.1. The lease is in her name. I moved in with her (upon her request) July of '99. Her vacating the apt. (rent stabilized,16 unit rental building in Brooklyn) was her choice. The landlord doesn't know she's gone (I don't think). I pay her and she pays him. She was supposed to add me to the lease but has not yet done so, I'm now unsure if she will. The landlord knows me and knows I live here. This has been my legal address for 1&1/2 years. The lease expires Jan.'02. What are my rights to the apt.? How can I get the lease? Or at least protect myself?
Follow Ups:
Note: Posting is disabled in all archives
Post a Followup