Posted by Cranky Tenant on February 14, 2002 at 01:45:35:
In Reply to: Lease Succession Questions posted by Duncan on February 13, 2002 at 18:15:31:
I was in court last summer over the same issue.
You should begin by simply writing the landlord and asking him to transfer the lease to your name. Send it registered mail, return receipt requested, and keep a copy or two for yourself. This is best done several months before the lease comes up for renewal.
If he refuses, or ignores your request, you can file a complaint with DHCR for Lease Renewal Violations. If you telephone DHCR they're usually more than happy to send you the forms.
You should include any kind of documentation you have, such as proof that the tenant of record is your sister, canceled checks from your checking account, and/or utility bills that show how long you're been living in the apartment, along with the DHCR form. It's also a good idea to get a letter from your sister stating the security deposit should be transfered to you as well.
The only increase the LL would be entitled to are the standard increases that come with each renewal, and the lease should be under the same terms as the original lease.
: I live in a rent stabilized apartment in NYC. I want to take over the lease from my sister, who is the leaseholder (i.e."tenant"). I have lived (as an "occupant") in the apt. for 3 years and have paid the rent during that time.
: What forms do I need to file in order to take over the lease? Do they come from the DHCR?
: How do I need to notify the landlord?
: What proof will I need to show that I have lived there for the mandatory 2 years?
: My succession rent increase should be less than a vacancy lease, correct?
: Do I have any recourse if the landlord was late sending the renewal forms (less than the mandated 90days)? I assume no.
: Thanks for any and all assistance.
: PS- If you're wondering about the email, I have a 1973 VW Thing...and it runs!
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