Posted by TenantNet on September 03, 1996 at 22:02:35:
In Reply to: Changing names on a shared apartment posted by Gokhan Karakus on September 03, 1996 at 18:56:13:
: I am changing two of my roommates on our shared apartment at the
: same time as the lease is being renewed. According to building
: management this change allows the landlord to raise the rent an
: additional 14% because a whole new lease must be drawn up for our
: rent stabilized apartment. As my name is on the old lease don't I have the
: the right to renew the lease under the existing RCB annual 5% increase?
: Does the landlord have to accept new names on the lease under
: existing regulations?
You are in a difficult situation. If you have 2 new people come on
the lease the owner does have the right to essentially make it a
new lease with the vacancy increases. On the other hand you can
bring in the new people (maybe) as roommates not on the lease and
there would be only a normal renewal lease increase. The catch is that
you only have an absolute right to one non-family roommate and the
owner can always object at a later time to the additional occupancy.
With only you on the lease, you are the only one liable for rent. On
the other hand, even with more on the lease, joint and several liability
which is usually on the lease, could mean that the owner could come after
all of you or only one of you. All inn all, your potential liability is
a bit less (in the real world) with more than one on the lease. It's a
trade-off. Will you accept less liability in exchange for more rent.
Real Property Law section 235-f gives you a right to have (at least one)
additional non-family roommate (occupant). The limit above that is determined
by your lease and occupancy standards.
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