You've missunderstood

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You've missunderstood

Posted by Will on March 02, 1999 at 21:17:27:
In Reply to: Help! Need advice on adding family member to lease posted by Cerilene on March 02, 1999 at 18:01:18:
The landlord is under no obligation to add anybody to the lease. However, he can not dictate your roommate situation. By law you can have an immediate family member move in WITH you (including her children btw) and an addition roommate. Any lease stipulation that states otherwise is invalid (not the whole lease just the stip).
Here's the rub, as a stabalized renter you are by law required to make the apartment your primary residence. Your sister will get the lease after living with you 2 years! So if you move her in and ease out...you will be in severe violation of the stabilization lease and may lose it.

You're best bet is the notify the landlord very quietly that your sister and a friend are moving in ...say nothing else. If the landlord states you can't do this tell him you've dicussed this with a lawyer and you know that you can take an immediate family member and roommate in. Case closed if he attempt to evict based on this he loses....period.
I'm afraid if you push too hard to put your sis on the lease the landlord will suspect your plans of moving out.
Whatever you do DO NOT CHANGE YOUR OFFICIAL ADDRESS! you can lose your lease.

Willard
: 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:

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:
: The landlord is under no obligation to add anybody to the lease.  However, he can not dictate your roommate situation.  By law you can have an immediate family member move in WITH you (including her children btw) and an addition roommate.  Any lease stipulation that states otherwise is invalid (not the whole lease just the stip).

: Here's the rub, as a stabalized renter you are by law required to make the apartment your primary residence.  Your sister will get the lease after living with you 2 years!  So if you move her in and ease out...you will be in severe violation of the stabilization lease and may lose it.

: 
: You're best bet is the notify the landlord very quietly that your sister and a friend are moving in ...say nothing else.  If the landlord states you can't do this tell him you've dicussed this with a lawyer and you know that you can take an immediate family member and roommate in.  Case closed if he attempt to evict based on this he loses....period.

: I'm afraid if you push too hard to put your sis on the lease the landlord will suspect your plans of moving out.
: Whatever you do DO NOT CHANGE YOUR OFFICIAL ADDRESS!  you can lose your lease.


: 
: Willard

: : 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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