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Re: Transfer of Apartment to Tenant not on the Lease

Posted by jane on July 16, 1999 at 04:07:11:

In Reply to: Transfer of Apartment to Tenant not on the Lease posted by Ray on July 12, 1999 at 01:44:55:

: Here is the deal people. I really hope somebody can help with this one. I've lived in this Rent Stabalized apartment in NYC for 4 years and I'm the person on the lease. However, I have a roomate who has been living here for over a year but is not on the lease.

: Today is July 12 and I'm moving out in August. How can my roomate obtain the apartment so that the landlord doesn't raise the rent a couple of hundred dollars. The super of the building was telling me that the landlord wants my roomate out so that he can fix up the apartment and jack up the rent a couple of hundred dollars. Any rent increase of that size would force my roomate out for sure. The other thing is that my lease is up on September 1. Should I just put my roomate on it and leave it to him. Can I sublease to him? What are his rights?

If you sublet, I believe you need the landlord's permission so you'd have to notify the landlord of the tenant you want as subtenant and you would be resigning your lease. You can sublease only for two years out of five, but call the DHCR to confirm. If you resign the lease, your roommate could just stay there and the landlord could if he found out start a holdover that you are not a primary tenant and the roommate is holding over and the landlord could prevail because he could prove you have another primary residence with your con ed bill, phone bill etc., so you'd want those utility bills at this current place still in your name and pay the rent in your check if you're going that route. If you want to ask the landlord for permission to add your roommates name on the lease, it would be up to the landlord so in essence your roommate has no succession rights because the roommate's name is not on the lease and has no tenant/landlord relationship now. Most likely, the landlord will want to raise the rent, but could regotiate a new lease in the roommates name if the landlord accepts this tenant's application but again is up to the landlord. Succession rights are specific and check with the DHCR to find out what the requirements would be.

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