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Re: Lease re-newal in non-reg. apt

Posted by John Paul Wombacher on November 29, 1997 at 17:24:54:

In Reply to: Lease re-newal in non-reg. apt posted by John Paul Wombacher on November 28, 1997 at 23:49:46:

: I rent three apartments in a five unit building. My leases are up on January 31st and the landlord sent me a letter in October claiming that I was violating the leases by having a washer/dryer, jacuzzi, wall built and renting out rooms to young Japanese students (which I have done since day one with no objections). I have cured the first three violations but derive all of my income by renting out rooms. Is this illegal? Also, is there any way to continue living in the apartments if the landlord refuses to renew the yearly leases? Thank-You.

(This is self-answer based on hours of research. Could someone give me their opinions? Thank-You!)

It is illegal to rent out rooms in your apartment, unless you are subletting to one other person (how about if you have three apartments with five bedrooms total?) In that case you MIGHT be allowed to sublet to three (or five (?)) different people, but in any case there are certain restrictions, for example: you must first ask the landlord for permission to sublet (since in this case the landlord is threatening to throw you out, the chances of him allowing you to do that at this point are nil! Also, the person(s) to whom you are subletting must be listed on the lease. You definitely have an illegal sublet there! As far as extending your leases, you might have a hard time of it if you continue to violate your existing lease by renting out rooms. If you were to quit renting out to different people and settle on one other person for your roommate (in your MAIN apartment you might be able to hang on, but it would be difficult for you to hold on to the other two apartments if your landlord insists on having them back, because they are not your permanent domicile. If you could prove that your landlord knew about your business since you began renting the apartments (for 5 1/2 years) you might be able to convince a judge that the landlord created a WAIVER and therefore relinquished the right to shut you down. Good Luck!

Could someone offer their opinion on this case? In particular, the aspect of whether my lease in the MAIN apartment (in which I live) can be renewed if the landlord doesn't want to (he says HE is moving in! (But I think he wants to take over my thriving business of renting out rooms to young Japanese students! I'm not sure if it is rent-stabilized or rent-controlled. I have a yearly lease and moved in in '92. The building was gutten and renovated about ten years ago. I did a search and my building did not come up. The landlord did not raise the rents the first four years and raised them modestly last year. Thanks for any advice on this matter, my whole life seems to be in jeopardy.

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