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Leaving a RS Apartment...

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Leaving a RS Apartment...

Postby BK_Tenant » Mon May 03, 2021 9:45 pm

If one of two named tenants on a RS lease decides to leave at end of lease term does the LL have the right to demand from the vacating tenant a notarized document to support this? (We simply crossed out vacating tenant's name on renewal lease)

Also we're currently in rent dispute with DHCR with our landlord*
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Re: Leaving a RS Apartment...

Postby TenantNet » Tue May 04, 2021 2:58 am

One thing to always remember. If one tenant leaves, the rent stays the same (other than RGB or MCI increases). But if you want to add another person to the lease, that technically creates a new tenancy and the LL can create a vacancy lease. So if later on you decide to add another person, make him/her just an occupant (roommate) to avoid a new vacancy situation. In a new tenancy, you might lose a lower rent based on a preferential rent clause.

Remember as a tenant listed on the lease, that tenant has equal right to any other tenant on the lease. However a roommate (occupant) situation has you functioning as a landlord to the roommate. You are limited in what you can charge and must provide certain things, and must go to court if you want the roommate to leave. Of course, spouses are different in how it works.

That's not your question, but keep that in mind.

In your situation, see if your lease has a "joint and several" clause. Many leases do have this. Search the forum as we've addressed this a number of times, or just Google it. On a LL site, see https://www.landlordstudio.com/blog/joi ... liability/

That means if one tenant moves out, then the remaining tenant(s) is/are responsible for the entire rent. You can't then claim to the LL that your portion of the lease (50%) is all you have to pay. You have to pay the entire amount of the lease. It also means if both tenants leave, and if one tenant essentially disappears, the LL can file suit against the tenant he can contact for whatever rent is still due.

Again, not your question, but keep that in mind.

As far as we know, there is no requirement that tenant provide a notarized statement that a tenant is leaving. OTOH, we don't see any downside to it as long as it does not provide any details or new address of the soon-to-be former tenant.

From the LL's view, it makes sense to verify that the tenant wants to leave and intends to leave so there won't be any surprises (to the LL) later on. Probably the leaving tenant should send a letter to the LL. Of course, as the remaining tenant, it makes sense for you to also send a letter to the LL that you intend to remain. All of this should probably be sent to the LL certified mail.

If the LL refused to offer a new lease based on this, the rent can't go up.

All these above assume this is a regular RS unit and not some sort of rooming house situation where the LL fills empty rooms in each unit.

Some of these question might be answered already in the forum's reference section.
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