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Posted by Will Kramer on August 30, 2001 at 23:28:30:

In Reply to: Do the actions of the Management Company override the Landlord and the lease? posted by mislead tenant on August 30, 2001 at 14:41:08:

To add: stipulations on the lease that limit roommates are invalid (except if the size of the apartment can't handle 3). However, if you do not have a rent stabilized apartment, the next time renewal time comes you may be given notice.

Will

: My two roommates and I have recently rented a 3-bedroom converted. When we were in the process of getting all of our information together, the Broker said that our third roommate could not be on the lease. No further explanation was given. The Broker said, however, that the Landlord about the third roommate was there. So, when we went to sign the lease, we did not search for her name on the lease...not even a clause acknowledging her. We did, however, sign an agreement that was drawn up by the Broker (on their stationary) stating that the Landlord knew about the third roommate.

: Upon moving in, the Management Company acted in ways that indicated they knew about the third roommate. Her name was on the mailbox, they told us what company we were required to use for the wall to be built, and her name appeared on the move-in inspection form.

: We have come to find out that the only the Management Company knew about her. Not the Landlord. Now the landlord has told us that we have violated the lease which clearly states that only me and my second roommate are signed tenants. (Please note that 4 people lived there before we moved in so there is no problem with more than 2 people living there).

: Is there a law or tenant right that says that all actions of the Management Company overrides the Lease and Landlord? Should we fight this? Should we sue the Broker (or can we) for not doing the job? Please help!! We may be evicted soon.

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Comments:
: To add: stipulations on the lease that limit roommates are invalid (except if the size of the apartment can't handle 3).  However, if you do not have a rent stabilized apartment, the next time renewal time comes you may be given notice.

: 
: Will

: 
: : My two roommates and I have recently rented a 3-bedroom converted. When we were in the process of getting all of our information together, the Broker said that our third roommate could not be on the lease. No further explanation was given. The Broker said, however, that the Landlord about the third roommate was there. So, when we went to sign the lease, we did not search for her name on the lease...not even a clause acknowledging her. We did, however, sign an agreement that was drawn up by the Broker (on their stationary) stating that the Landlord knew about the third roommate.

: : Upon moving in, the Management Company acted in ways that indicated they knew about the third roommate. Her name was on the mailbox, they told us what company we were required to use for the wall to be built, and her name appeared on the move-in inspection form. 

: : We have come to find out that the only the Management Company knew about her. Not the Landlord. Now the landlord has told us that we have violated the lease which clearly states that only me and my second roommate are signed tenants. (Please note that 4 people lived there before we moved in so there is no problem with more than 2 people living there).

: : Is there a law or tenant right that says that all actions of the Management Company overrides the Lease and Landlord? Should we fight this? Should we sue the Broker (or can we) for not doing the job? Please help!! We may be evicted soon.


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