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Posted by Cerilene on March 02, 1999 at 18:01:18:

I posted about this last week but things have gotten worse.

Quick summary: my husband and I are the sole tenants of a 1br rent stabilized apartment for the past 5-6 years. We want to let my sister and her friend live there but still keep the lease in our name and make the rent payments ourselves. We are never in the apartment any more because we just bought a house, but we want to hang on to it.

The building mgmt is saying that we can't have her living there because we agreed in our original lease not to have additional people living there. We also agreed not to sublet, but I understand that our lease is invalid because of those clauses. Building management has already called a lawyer and a registered letter is on its way telling us that she can't move in.

According to "Will" who answered my original post:

"First with rent stabilized apartments you can have anybody living with you. They just don't have legal right to the
lease. As for family members they have to be brothers, sisters, mom, dad, children, or life partners who can
prove emotional and financial interdependence and need to living with you in the apartment at least two years.
For your sister I suggest you try to have her added to the lease. Then she would be able to bring in a roomate
legally.

Any lease clause for a stabilized apartment the tells you can't have a roommate or limits the number of people in
the apartment to you...is ILLEGAL. Its not enforcable.

Also by law you're allowed to sublease with the landlord. You can try to sublease to your sister as well. If the
landlord turns down a reasonable sublease request (good credientials, credit history) then you're entitled to give
30 day notice to break the lease AND get security back."

Should I ...

1) tell them my lease is invalid and insist that she be added to the lease?
2) tell them my lease is invalid and ask to let her sublet it?
3) just give up and move out?

I really don't want to go to court over this, nor do I want to sublet if I can avoid it. Any suggestions?

Follow Ups:

• Re: Help! Need advice on adding family member to lease Kelly 3/09/99 (0)
• You've missunderstood Will 3/02/99 (6)
  • Thanks, but I have one more question Cerilene 3/03/99 (5)
    • believe it or not Will 3/03/99 (4)
      • Wow, 4 people in a 1br is okay?! Cerilene 3/04/99 (3)
        • 600 sq feet may be cutting it close for 4 ...find out Will 3/04/99 (2)
          • Re: 600 sq feet may be cutting it close for 4 ...find out David Hoffman 3/04/99 (1)
            • Re: 600 sq feet may be cutting it close for 4 ...find out voice of reason 3/04/99 (0)

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Comments:
: I posted about this last week but things have gotten worse.

: Quick summary: my husband and I are the sole tenants of a 1br rent stabilized apartment for the past 5-6 years. We want to let my sister and her friend live there but still keep the lease in our name and make the rent payments ourselves. We are never in the apartment any more because we just bought a house, but we want to hang on to it.

: The building mgmt is saying that we can't have her living there because we agreed in our original lease not to have additional people living there. We also agreed not to sublet, but I understand that our lease is invalid because of those clauses. Building management has already called a lawyer and a registered letter is on its way telling us that she can't move in.

: According to "Will" who answered my original post:

: "First with rent stabilized apartments you can have anybody living with you. They just don't have legal right to the
: lease. As for family members they have to be brothers, sisters, mom, dad, children, or life partners who can
: prove emotional and financial interdependence and need to living with you in the apartment at least two years.
: For your sister I suggest you try to have her added to the lease. Then she would be able to bring in a roomate
: legally.

: Any lease clause for a stabilized apartment the tells you can't have a roommate or limits the number of people in
: the apartment to you...is ILLEGAL. Its not enforcable.

: Also by law you're allowed to sublease with the landlord. You can try to sublease to your sister as well. If the
: landlord turns down a reasonable sublease request (good credientials, credit history) then you're entitled to give
: 30 day notice to break the lease AND get security back."

: Should I ...

: 1) tell them my lease is invalid and insist that she be added to the lease?
: 2) tell them my lease is invalid and ask to let her sublet it?
: 3) just give up and move out?

: I really don't want to go to court over this, nor do I want to sublet if I can avoid it. Any suggestions?


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