Posted by New York Tenant on June 24, 2001 at 13:59:35:
In Reply to: urgent help needed! posted by Adam on June 24, 2001 at 11:23:23:
I don't understand what you meant when you wrote: "When my two roommates and I first signed the lease, I requested that my name be put on the lease along with that of my roommate."
Did all three of you sign the lease, but the landlord put only one name on the lease? If that's the case, you would be a tenant. The fact that the landlord has accepted rent checks directly from all three people for the entire two years of the lease would reinforce your case.
The roommate law permits one tenant on a lease to have one roommate, if the lease otherwise prohibits non-family members from occupying the apartment, which most leases do. If there are two or more tenants on a lease, the roommate law permits the substitution of one roommate for each tenant who leaves the apartment.
If only one tenant is named in the lease and only one tenant signed the lease, then the landlord would ordinarily be entitled to a 20% vacancy increase for a two-year lease with a new tenant who was formerly a roommate. The demand that you pay a brokerage fee seems outrageous, especially when the landlord has been accepting rent from both of you for the past two years.
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