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Posted by MikeW on February 05, 2001 at 11:27:55:

In Reply to: lease refusal posted by Komsomol on February 05, 2001 at 10:15:21:

Assuming NYC, and assuming rent stabilized: The LL has no obligation to put a roommate on the lease. However, he can't force the prime tenent into month to month by just refusing to give her a lease. The prime tenant can force the LL to provide a lease, and if the LL takes any action persuant to the tenant being month to month, the LL would get shot down in court.

However, if the prime tenent moves out, he can evict anyone else who remains. I negotiate with the LL to get the lease in your name as a vacancy. If he won't do it, look for another apartment.

: I am looking to move in with my girlfriend, who is an 'occupant' (not on original lease) of the apartment we will likely take. Her roommate, the legal 'tenant' is getting married and moving out. I realize an occupant has no legal right to remain the the apartment once the tenant has left under normal circumstaces, but this is a special case: the landlord, who plans to sell the building, has refused to offer a new lease for over a year, forcing my girlfriend and her roomate into a month-tomonth situation, and, thusly, keeping her off any lease and in 'occupant limbo.' Has anyone been in a similar situation? we would like to find an answer, as we fear the rent will rise by over $400 if the orginal tenant moves out.

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Comments:
: Assuming NYC, and assuming rent stabilized:  The LL has no obligation to put a roommate on the lease.  However, he can't force the prime tenent into month to month by just refusing to give her a lease. The prime tenant can force the LL to provide a lease, and if the LL takes any action persuant to the tenant being month to month, the LL would get shot down in court.

: However, if the prime tenent moves out, he can evict anyone else who remains.  I negotiate with the LL to get the lease in your name as a vacancy.  If he won't do it, look for another apartment.

: : I am looking to move in with my girlfriend, who is an 'occupant' (not on original lease) of the apartment we will likely take.  Her roommate, the legal 'tenant' is getting married and moving out.  I realize an occupant has no legal right to remain the the apartment once the tenant has left under normal circumstaces, but this is a special case:  the landlord, who plans to sell the building, has refused to offer a new lease for over a year, forcing my girlfriend and her roomate into a month-tomonth situation, and, thusly, keeping her off any lease and in 'occupant limbo.' Has anyone been in a similar situation? we would like to find an answer, as we fear the rent will rise by over $400 if the orginal tenant moves out.  


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