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Re: Lease agreement and refusal of rent

Posted by Stacy on November 08, 2001 at 12:21:33:

In Reply to: Lease agreement and refusal of rent posted by Imani Gadsden on November 08, 2001 at 09:29:12:

First off -- does he still have a copy of the lease? If he does, and his name is on it, then all is good and the landlord doesn't have a case. If the apartment is *only* in the other person's name (which doesn't really make them a co-signer, if your boyfriend isn't on the lease at all) it's a bit stickier.

Regarding non-payment: All he needs to do to beat this claim is prove that he's tried to furnish payment. Have him write out a letter laying out precisely what's happened, and the dates he's tried to give the voucher to the landlord. Keep and copy of that, and send the voucher and the letter by certified mail. That should count as proof that he's tried to pay. Good luck.

: My boyfriend lives in New York and has been living in his apt since Novemebr 1998. In order for him to get the apt. he needed a co-signer. The landlord was aware that the co-signer would nt be residing in the apartment and siad that it was okay as long as my boyfriend and the co-signer was aware that any default on the rent, the co-signer would be responsible. They sold the building in 1999. The new landlord was aware of the situation and said that it was okay because my boyfriend's name was on the lease as living in the apartment. They also had record that every single rent payment came from him. When it was time to renew the lease in Nov. 2000, he told the landlord that he has been in the apartment for two years and since he is in good standing with them can they take the co-signer's name off the lease and what was the procedure for that. They told him to fill out the renewal form and don't include the co-signer on the form. We di so as they asked but we noticed the rent statements still came in the co-signer's name. Not to mention when we got the new lease it was as the original. We questioned it and they said that it was there mistake, they saw that he wanted to renew and by accident didn't change the lease but that the change had been noted in the system. In 2001, the building was sold yet again, we never thought to call the new landlord to explain to them because we figured they would have it on record from previous landlord. Now my husband was involved in the world trade ctr attack and the Salvation Army gave him a voucher for two months rent made payable to them directly. They refused to sign it stating he is an illegal tenant and that the co-signer illegally sublet the apartment to him. He said his name was on the lease and explained to them what I explained to you above and they said they didn't care the lease is in the co-signer's name and that's the only person they will accept rent payments from. But they've been taking checks, money orders, and cash in person from him now it's a problem and now they want to take him to court for non-payment. Please advise.

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