sucession rights HELP!

[goldesq]

Question: My husband and I sublet a rent-stabilized apt. in which the lease is ending on 4/30/02. The prime tenant’s lease ends on June 30, 2002 and she does not intend to return. The original lease, some 35+ years ago contains my mother-in-law’s name as well as the current prime tenant’s name. My mother-in-law’s name was removed from the lease about 33 years ago when she married but the prime tenant continued to rent for 30 some-odd years. The apt. building went co-op during these 30 years but she remained a rent stabilized tenant. About 1 ½ years ago, my husband and I sublet the apt. for 18 mo. and the sublease ends on 4/30/02. Does my husband have any rights to the apt. now since his mother was on the original lease 35 years ago (keeping in mind his mom was not on the renewal leases)?
goldesq@aol.com

[<frankk>]

If the prime tenant is a relative you might have rights.

But then since you sublet, how can there be any sucession rights?

If the prime tenant is a family member, then they must move back in with you for 2 years then you probably would be able to keep the apartment.

If your sublet is furnsihed with the prime tenants belongings then you could make a case she still is entitled to a renewal lease.

But if the prime tenant has nothing there then april 30th is your last day.

[<Red Zephyr>]

Bottom line: No, you do not have any rights to succeed to that apartment.

New York's rent laws may have a lot of exceptions, but as of yet there is no "my mother-in-law was the primary tenant 35 years ago but was removed from the when she married 2 years later."

Suggestion: Don't mix family and real estate -- it only complicates everything. Your arrangement is no different than any other sublet, which is to say, you have no 'rights' to the apartment whatsoever.

[<astor>]

all i am saying is.....

If your mother-in- law and the prime tenant are related then you might have some rights, IF the prime tenant moves back into the apartment.

very very iffy

[TenantNet]

Astor is correct (even if it is Richard). Really depends on the details which weren't fleshed out sufficiently. If the mother-in-law is (or was) related to the prime tenant, then there might be something there. That the mother-in-law's name is not on the lease may not matter in the long run. It also depends on the circumstances in which her name was removed from the lease -- if she still lived there. As always, a good tenant lawyer who has all the facts in front of him/her might be able to sort out the possibilities.

[goldesq]

FYI. My mother-in-law moved out and was removed from the lease 30 some odd years ago by choise. She is not related to the prime tenant nor are we. The prime tenant and my mother-in-law do not want the apt. back. I assume we have no rights.

[<astor>]

One last thing if your mother in law was just a roomate and was not married to the prime tenant, then your lease ends 4/30/02.......Although since the lease ends in June you might be able to convice the landlord or prime tenant to stay and pay for those 2 months.....

I assume you know the prime tenant cannot charge you MORE then the leagl rent he pays the landlord......