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When a tenant moves away?

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When a tenant moves away?

Postby libertey777 » Thu Sep 12, 2002 4:37 pm

Situation:
There are two tenants who signed the lease.
One moved away out of the country because of job related issues.
One stayed in the apartment. This person has a unrelated roommate living with her.

Question:
Can the unrelated occupant stay, Is this protected under the Roommate Law? Or is this considered as subleasing?
Should the lease be changed to include the other occupant? Or can they still contunue with the current one?
libertey777
 
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Location: NY

Re: When a tenant moves away?

Postby consigliere » Thu Sep 12, 2002 6:24 pm

Under the roommate law, the new occupant can remain as a roommate, and you can sign renewal leases by yourself.
 
If the new occupant is substituted for the former co-tenant on a lease, the landlord would be entitled to a vacancy lease, with an 18% increase for a one-year lease or a 20% increase for a two-year lease.
 
consigliere
 
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Re: When a tenant moves away?

Postby libertey777 » Fri Sep 13, 2002 3:48 pm

Question:
1.Can we be FORCED to sign a new lease to include the roommate? therefore, the remaining signee and roommate on a new lease?
2. If the other signee/tenant is still away when the current lease is about to expire, can she sign again a renewal with the original signee?
libertey777
 
Posts: 10
Joined: Sun Aug 25, 2002 1:01 am
Location: NY

Re: When a tenant moves away?

Postby consigliere » Sat Sep 14, 2002 12:56 am

You and your roommate can't be forced to sign a vacancy lease.  
 
The landlord would probably not sign a renewal lease with a co-tenant who is no longer living in the apartment, but you can sign a renewal lease by yourself.
 
This topic is covered in detail in the Roommate Issues and Leases FAQ on the Rent Guidelines Board website.
 
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