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Posted by TenantNet on January 27, 2002 at 23:51:02:

In Reply to: roommate not paying rent, but still holds lease posted by TM on January 27, 2002 at 16:14:09:

You got a problem and here's why. I don't think the other responder understood the issues. A lot depends on how smart and saavy your landlord is. As you're rent stabilized, if you add another person to the lease, that could be considered a new vacancy lease, getting you overe a 20% increase. If a person is taken off the lease, it's not a new lease. But if your roommate (the one on the lease) goes, that leaves just you in the apartment as a person on the lease. It would make sense to add another roommate (not on the lease). But the roommate law these days tends to limit occupants (those not on the lease) to only one.

As for the rent, look at the lease for a "joint and severally" clause -- that would determine if the LL can come after you for all the rent (I suspect it does).

A primary residence claim wouldn't hold as you still live there. You can always go after the other lease tenant in court for his portion of the rent owed to you. Technically if he's locked the door, he's still in occupancy and owes the rent -- and he (like you) owe the rent for the term of the lease.

Abandonment is another issue -- speak to a lwayer first about your rights on abandonment -- if and when you can dispose of his belongings and what notice is required.

This is a problem with a variety of complications and perspectives. Maybe a legal consultation should take the entire mess into consideration.

: i live in a 3BR rent stabilized apt. in brooklyn. i am on the lease, along with one of my two roommates.

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Comments:
: You got a problem and here's why. I don't think the other responder understood the issues. A lot depends on how smart and saavy your landlord is. As you're rent stabilized, if you add another person to the lease, that could be considered a new vacancy lease, getting you overe a 20% increase. If a person is taken off the lease, it's not a new lease. But if your roommate (the one on the lease) goes, that leaves just you in the apartment as a person on the lease. It would make sense to add another roommate (not on the lease). But the roommate law these days tends to limit occupants (those not on the lease) to only one.

: As for the rent, look at the lease for a "joint and severally" clause -- that would determine if the LL can come after you for all the rent (I suspect it does).

: A primary residence claim wouldn't hold as you still live there. You can always go after the other lease tenant in court for his portion of the rent owed to you. Technically if he's locked the door, he's still in occupancy and owes the rent -- and he (like you) owe the rent for the term of the lease.

: Abandonment is another issue -- speak to a lwayer first about your rights on abandonment -- if and when you can dispose of his belongings and what notice is required.

: This is a problem with a variety of complications and perspectives. Maybe a legal consultation should take the entire mess into consideration.

: : i live in a 3BR rent stabilized apt. in brooklyn. i am on the lease, along with one of my two roommates.


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