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Posted by gary on October 18, 1997 at 14:40:18:

In Reply to: Re: Calling a sublease a roommate posted by Mariel on October 10, 1997 at 06:09:50:

: : OK, so what I'm trying to do is not quite legal, but I would appreciate some advice. I am vacating my rent-stabilized apartment 6 months before my lease expires. I do not trust my landlord to return my deposit, so I wish to "give" the lease to a friend. I am certain my landlord would not permit an assignment of the lease (he wants that 30%, and has also shown racist tendencies in the past) so I thought I could add my friend as a "roommate" and let him take over the lease by himself when it expires. Has anyone tried this? Or do you, Tenantnet, have any advice or comment?
: **************
: I doubt very much that this will be successful. There are strict guidelines about succession. The only possibility would be for you friend to try and negotiate with the owner and pay the increase.

No, my understanding is that the succession law, even though watered down recently, still allows succession to "significant others." If your roomate asserts that he or she had that status, I believe he or she has a right to the lease.
However, this person would have to be living with you for some time (how much I do not know) before you leave.

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: : : OK, so what I'm trying to do is not quite legal, but I would appreciate some advice.  I am vacating my rent-stabilized apartment 6 months before my lease expires.  I do not trust my landlord to return my deposit, so I wish to "give" the lease to a friend.  I am certain my landlord would not permit an assignment of the lease (he wants that 30%, and has also shown racist tendencies in the past) so I thought I could add my friend as a "roommate" and let him take over the lease by himself when it expires.  Has anyone tried this?  Or do you, Tenantnet, have any advice or comment?
: : **************
: : I doubt very much that this will be successful.  There are strict guidelines about succession.  The only possibility would be for you friend to try and negotiate with the owner and pay the increase.

: No, my understanding is that the succession law, even though watered down recently, still allows succession to "significant others." If your roomate asserts that he or she had that status,  I believe he or she has a right to the lease. 
: However, this person would have to be living with you for some time (how much I do not know) before you leave.


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