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Occupancy in an apartment?

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Occupancy in an apartment?

Postby gishapir » Tue Sep 24, 2002 12:01 am

If on a lease, are written the names of two people, with only one occupying the apartment (the other being the actual person leasing), what are the rules in terms of bringing in a significant other who is NOT on the lease?

The following passage is written as the rider on the lease:
This apartment will be occupied only by those listed below:
John Doe
Jane Doe

"Any increase in occupancy is a violation of the terms of the lease and will, at the landlord's option, render this lease null and void. Should such a violation arise, the tenant(s) will be subject to immediate legal proceedings to vacate the apartment.

Can someone help interpret that for me? Thanks, in advance.
gishapir
 
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Re: Occupancy in an apartment?

Postby consigliere » Tue Sep 24, 2002 12:14 am

Under New York State's roommate law, if one person signs a lease, that person has the right to have a roommate. If two or more people sign a lease, a roommate can be substituted if one of the parties to the lease no longer lives in the premises.
 
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Re: Occupancy in an apartment?

Postby gishapir » Tue Sep 24, 2002 12:45 am

Thanks for posting a reply so quickly.

"If two or more people sign a lease, a roommate can be substituted if one of the parties to the lease no longer lives in the premises."

More specifically though...

If the other person who has signed the lease happens to be my father who is obviously not about to live with me, does he count as "no longer lives in the premises" and therefore allow me to bring in my signifcant other?

am i reading the substitution situation correctly?

Also, do I have to declare the roommate within 30 days? or is that just an option for me?

Thanks, again.

<small>[ September 24, 2002, 12:46 AM: Message edited by: who, me? ]</small>
gishapir
 
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Location: brooklyn

Re: Occupancy in an apartment?

Postby consigliere » Tue Sep 24, 2002 10:06 am

It looks like your landlord made your father a co-tenant, instead of a guarantor.  
 
Either way, your significant other can move into the apartment as your roommate.
 
Read the full text of the Roommate Law, which is Real Property Law §235-f, and Your Rights to Sublet, Share, and Assign Apartments, wriiten by three tenant attorneys.
 
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