Landlord never removed name from lease

[magjayran]

Just over three years ago my girlfriend moved out of an apartment in Brooklyn. She had lived there for longer than the year she signed up for on the lease. She also ad a friend whose name was also on the lease. FWIW the landlord was a nightmare. Refusing to turn the heat on in the winter, taking forever to deal with bed bugs etc. She tried to go to the housing authority on several occasions but didn't get far. When she decided to leave, she called the landlord and informed him that she no longer wanted her name on the lease but that her friend would stay on. He told her he would take care of it. She also sent an email to hims saying the same thing which she kept a copy of.

There is some confusion as to what happened with the people living there after that. There are several people who lived there at the time and weren't on the lease and several people who have come and gone since but my gf wasn't aware of what was going on because she thought she was off the lease and was in fact living in a different state.

A couple weeks ago the landlord called her and started threatening to sue her. Supposedly he never took her name off the lease and is saying that there are people squatting there now and he is holding her responsible. He used a lot of harsh and sexist language. Keep in mind that she is not the only one whose name was on the lease originally but she is the only one being harassed now. He called her again six times today and was slightly more civil but seemed to be trying to get her to sign an agreement saying that she was no longer the tenant as of this month. She's obviously not going to do that and put herself on the hook for the last three years.

So how screwed is she? I'm a little worried for her. She does plan on hiring an attorney but we'd like to at least know a little bit about the law before we proceed.

[TenantNet]

You imply this is a NYCHA apartment. Is it that, or is it rent stab, or unregulated.

[magjayran]

I just asked and it was unregulated.

[TenantNet]

You have your terminology incorrect. The "Housing Authority" is for NYCHA. There is no agency for unregulated units (like DHCR that deals with rent levels for rent stab units) other than dealing with specific conditions, i.e., heat, hot water, etc. HPD is not normally referred to as a Housing Authority.

For unregulated units renewals, you have to look at the writing of the lease. Are they self-renewing? That would have to be spelled out in the lease. Many college kids get into trouble due to their own stupidity. I'm just guessing that might be the situation here. OTOH, that does not excuse landlord nonsense.

If the lease was expiring, the person staying on should be only person signing the new lease. The person leaving should put in a notice in writing (email does not count). If all the people who were on the lease were leaving, then possession and the keys to the unit must be returned to the LL. And it's wise to get the LL to acknowledge this. Otherwise they often come back years in the future making absurd claims.

You also have to look at who has actually been paying the rent. If your GF has not paid rent on here checks, that is probative.

Do not sign anything. Do not agree to anything. This sounds like the classic landlord shakedown. If she's in another state, it will be difficult for the LL to come after her. But not impossible. Make sure she does not have assets in NY state. Do not take phone calls from the LL. He can write letters. And if he does, you might get a lawyer to respond telling him to back off.

[magjayran]

Ok so the landlord sent my GF the following form. What's this all about? Per your advice, we haven't signed anything. Thanks so much for the help.

AGREEMENT

This Agreement made the ____ day of _______, 2011 between

_____________ (“Owner”) and ____________ (“Tenant”) with regard to loft unit ___

in the building at ___________, Brooklyn, NY, whereas Owner and Tenant hereby agree as

1. Owner agrees to purchase and Tenant agrees to sell any and all of

Tenant’s Improvements pursuant to Multiple Dwelling Law §286(6).

2. In consideration for such sale Owner agrees to pay Tenant the sum of

$10 receipt of which is hereby acknowledged.

[TenantNet]

First, NEVER put your name (or your GF's name) or address, or even the LL's address on an internet public forum. You are asking for trouble by doing that. I removed all that from what you posted. Please do not do things like that. It's not only against our policy here, it's just not smart on any web site.

[magjayran]

Sorry about that. Is there anything I should know about this form though? Apparently he was calling her again today but she didn't answer.

[TenantNet]

Well you add a bunch of details here that make it difficult to give you any degree of good advice.

First you imply it's Public Housing, then you say it's unregulated. Now by the agreement being presented, it appears to be a loft and the LL wants to purchase the improvements/fixtures. That's an entirely different ball game and brings in the Loft Law and all its provisions.

You never said how long the original lease was for, and if there's any language in the lease regarding renewals. Normally a tenant would be off the hook years later, but there are instances where that might not be the case. Was possession properly returned to the LL after the lease expired? Were the re subsequent leases signed by different parties? And what about the fixtures? I'm not an expert on the Loft Law, but apparently you don't know if the unit was covered by the Loft Law and it's status. You need to find this out. The ownership of the fixtures might be an issue. Remember, a loft is a raw space and fixtures like bathrooms and kitchens are often installed by the tenant(s), and sold separately.

What I suggest your GF do is consult with a tenant atty who has experience in the Loft Law and have this person review ALL the information, the original lease, her efforts to get off the lease and the history if the unit since then.

In the meantime do not sign anything.