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Posted by Mark Smith on March 16, 1999 at 15:09:38:

In Reply to: Re: need stabalized sublet info and cosigner info PLEASE posted by Will on March 16, 1999 at 10:38:52:

Of course, you can sublet a rent stabilized apartment to someone whose primary residence is out of state, if the landlord does not unreasonably withhold consent. But the landlord might object to a subtenant or a guarantor who lives out of state. The landlord does not want to hire a lawyer in another state to collect from the guarantor, and if you, the tenant, are also out of state during the sublet, the landlord would also have to hire an out-of-state lawyer to collect from you.

The papers would probably best be hard copies, as opposed to faxes, but overnight delivery services should make this fairly easy. The landlord might want the signatures of the subtenant and any guarantor acknowledged before a notary public, to be relatively certain that the subtenant and guarantor actually signed the documents.

: : can one sublet a stablized apt. to someone whose primary residence is out of state?
: NO...subleting is difficult to do. It requires the landlords permission otherwise its illegal and grounds for terminating the lease with the primary tenant.

: And if so, can all transactions take place electronically or must the subletee be phisically present for signing?? Also, what are the requirements of a person who wishes to cosign a lease for someone else?? may they live out of state? thanx

: Co-signing the lease? meaning both names on the lease? then both people need live in the apartment. How the landlord handles the signing of the lease is discresionary. Any wierd scenerios may turn the landlord off.

: Now if you want some to be a guaranteor of the lease (like a parent) then they can live anywhere they please. And most likely signing of the lease can be done via fedex or fax...

: Will

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Comments:
: Of course, you can sublet a rent stabilized apartment to someone whose primary residence is out of state, if the landlord does not unreasonably withhold consent.  But the landlord might object to a subtenant or a guarantor who lives out of state.  The landlord does not want to hire a lawyer in another state to collect from the guarantor, and if you, the tenant, are also out of state during the sublet, the landlord would also have to hire an out-of-state lawyer to collect from you.

: The papers would probably best be hard copies, as opposed to faxes, but overnight delivery services should make this fairly easy.  The landlord might want the signatures of the subtenant and any guarantor acknowledged before a notary public, to be relatively certain that the subtenant and guarantor actually signed the documents.

: 
: : : can one sublet a stablized apt. to someone whose primary residence is out of state? 
: : NO...subleting is difficult to do. It requires the landlords permission otherwise its illegal and grounds for terminating the lease with the primary tenant.  

: : And if so, can all transactions take place electronically or must the subletee be phisically present for signing?? Also, what are the requirements of a person who wishes to cosign a lease for someone else?? may they live out of state? thanx

: : Co-signing the lease? meaning both names on the lease? then both people need live in the apartment.  How the landlord handles the signing of the lease is discresionary.  Any wierd scenerios may turn the landlord off.

: : Now if you want some to be a guaranteor of the lease (like a parent) then they can live anywhere they please.  And most likely signing of the lease can be done via fedex or fax...

: 
: : Will


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