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Removing someone off lease

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Removing someone off lease

Postby suno » Thu Oct 16, 2008 6:04 pm

Hi I have a question. I'm new to this board so please forgive me if I ask a question that has already been answered.

I am 25 years old and have been writing checks to pay my rent for some time now and pay all the other bills in the household. I have been living there since 1989. However I am not listed as head of the household on the lease. My mother is still head of house. She has moved away and is married. She refuses to sign over the lease to me. Is there any way I can remove her? I read a little bit about succession but I'm not entirely sure how that works.

I would appreciate any help on this matter.
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Postby lofter1 » Fri Oct 17, 2008 11:43 pm

Is the apartment Rent Stabilized?
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Postby suno » Sat Oct 18, 2008 9:51 am

yes its rent stabilized
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Postby TenantNet » Sat Oct 18, 2008 10:05 am

Appears you have a problem. You're talking about Succession Rights, not signing over a lease (which is not how things are done). Search for 'succession' on this forum and on the site.

I order to assert succession rights, you had to have lived (co-habitated) with the departing(ed) tenant for two years, one year if the tenant is 62 years or older, or disabled. A child qualifies, but some relations don't. There are also non-traditional family successions, but that's a different matter.

While you might have co-habitated with your mother for the two years, that she moved out some time ago is a problem. Normally you need to assert the succession rights right after the person leaves.

I would suggest you quietly learn the rules on succession rights, look at the DHCR rules and maybe even consult with an attorney so you can line your ducks up. You may have time now. But if the LL finds out your mother is gone, you may have to deal with it before you are ready ... and your mother might not have much of a say in the matter.
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Postby suno » Sat Oct 18, 2008 12:50 pm

Thanks for responding. I read about succession rights. It seems like I have a pretty good argument for succession. I would probably need to prove that she doesnt live here anymore.


My question is if my mother is found out for frauding the housing. Could the apartment be taken away from me. Could I be penalized and evicted? Even though I've been living in the apartment for 15+ years.
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Postby TenantNet » Sat Oct 18, 2008 1:00 pm

Answering your last question, yes you could be evicted.

My point was that it appears your case might actually be weak if your mother moved out some time ago and you've been living there without her for some time. That can sort of erase the 2 years that you co-habitated.
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Postby suno » Sat Oct 18, 2008 1:28 pm

Would it better to go to small claims court to possibly fight for the rights to the apartment? Or is it just a matter of me filing for succession rights with the housing
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Postby TenantNet » Sat Oct 18, 2008 2:02 pm

Small Claims Court does not have jurisdiction. I would take the time to really learn about succession and how it might apply to you. Perhaps a consultation with a tenant attorney might help. If there are things to do, you have the time now. Don't be in such a rush.

You have some problems here: a mother who has moved out and apparently is not willing to cooperate, a LL who could cause problems or fight any assertion of succession rights, and the law.

How long has the mother not been in residence? How long did you co-habitate before she left? You said you write the rent checks. Are they on checks from your bank account, with your name on the check (and no one else's name)? Does the LL accept them? How long has he accepted them?

Also look at illusory tenancies, although I'm not certain that would work in this case. Again, that's something you need to investigate fully first.
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Postby suno » Sat Oct 18, 2008 3:40 pm

She hasn't physically been in the residence for about 6 years now. I've cohabited the apartment for 10 years. And the checks that I write have my name and my bank on it. The only information on the check is the apartment account number. The housing accepts the checks fine.

Im looking into getting some attorney advice. Not much is available on saturdays. i think this is the best option there are too many variables in this case. I looked up illusory tenancies which share some things in common with my situation but again there are a lot of things to consider.
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Postby TenantNet » Sat Oct 18, 2008 3:46 pm

And the checks that I write have my name and my bank on it. The only information on the check is the apartment account number. The housing accepts the checks fine.


Which is it, do the checks have your name on it or not?

That she's been gone for 6 years is a problem (this issue came up withing the last two months), but if they accept your rent with your name on the check, you might be able to assert tenancy rights.

Who cares if it's a Saturday. Watch my lips: Slow Down. If you want to rush this through, you're likely to shoot yourself in the foot.
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Postby lofter1 » Sat Oct 18, 2008 7:10 pm

Since you have lived in the apartment has the Landlord sent any Lease Renewal Forms? Or have you simply continued to live in the apartment without any new paperwork?
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Postby Cranky Tenant » Sat Oct 18, 2008 7:40 pm

suno wrote:My question is if my mother is found out for frauding the housing.

and
suno wrote: The only information on the check is the apartment account number. The housing accepts the checks fine.


What exactly do you mean by "the housing?"
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Postby TenantNet » Sat Oct 18, 2008 7:45 pm

This appears to be a regular RS unit. I think when he said "frauding the housing," it's just a poor choice of words. I think he meant that his mother doesn't live there anymore, hence a non-primary residency situation.
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Postby suno » Sat Oct 18, 2008 10:38 pm

I continued to live in the apartment without signing any paperwork. My mother simply handed me the rent bills and I paid them.

Sorry for the confusion about the checks. Basically I wrote the check out from my own personal check book. Made check out to NYCHA. Every tenant has an account number. I would have to write that number out "NYCHA #5555555"

Fraud meaning shes long moved out and basically having someone else live there. That someone else being me. Yes a non primary-residency situation. So if I seem hasty its because I want to take care of this matter. But there is no direct rush. I just want to know all my rights in this case before a worst case scenario presents itself.
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Postby TenantNet » Sun Oct 19, 2008 7:55 am

I asked you at the very top what kind of unit it was and you said it was rent stabilized.

Now you're saying this is a NYCHA unit. Well thanks for wasting my time.

If you're in a NYCHA complex, then you are not stabilized and NYCHA has its own set of rules. All the above was for rent stab.

We can't give information if you don't give us correct information.
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