Succession Rights

[tadmartin223]

Here's the deal. I was living with my mom in the apartment for 2 years, but she moved out a couple of months ago. I have been paying the rent, going back and forth to court -with- her over eviction proceedings, in which both of our names are on the stipulations and I have gotten notarized letters as well as permission from my mom to act as head of household, and I was on the rider of the old lease, but not the present one. I have my name on rent money orders and management has been dealing with me for 3 years straight.

I understand that I may have succession rights to her rent stablizied apartment. What would I have to do to prove that I have these rights to sign the new lease? And, how would I got about starting a letter of succession request?

[HAJ77]

Let's start off by removing your name and address from your profile, landlords and their attorneys have been know to appear on TenantNet and you don't want to be indentified.

Before going further, you should read the Succession Rights FAQ from HousingNYC.com. It's a decent account of what needs to be done, and should provide insight into the process. Also, search the forum for succession rights, there have been a number of posts in the past year, but basically any official documents showing your address are key to winning. Start gathering bank statements, bills, tax returns, and if applicable get your school records, also copies of any payments made to the landlord in your name.

Have you considered getting an attorney? While it's not cheap, it will relieve a great burden for you and your chances of prevailing are better. If nothing else, it will put the landlord on notice that you are serious and prepared to fight. If you do not have an attorney, consider talking to one (the ads on TenantNet are a good start), most will give an initial hour for less than $100 and from there you can decide if it's worth it.

[Cranky Tenant]

You should begin by sending the LL a certified letter asking him to transfer the lease (and security) to your name. This is best done when the lease comes up for renewal.

IF the LL refuses to transfer the lease, or ignores you, you can file complaint with DHCR [Form RA-90 for Owner's failure to provide you with a lease. And presuming your documentation is adequate they will order the LL to transfer the lease.

If you've been living in the apartment, with your mother for more than two years and can demonstrate it, all you really need are a birth certificate showing she's your mother, a copy of the lease and rider and/or the stipulation, cancelled rent checks signed by you, and any other correspondence where the LL recognized you as a legitimate tenant.

It's also a good idea to get a letter from your mother stating she is transferring all rights to the apartment, as well as security, to you.

Please keep in mind that Im a tenant, not a lawyer, but the law is very clear when it comes to succession. As long as you can present your documents in an organized manner, ans state your case clearly, you shouldn't need a lawyer.