Posted by Al Gordon on July 03, 1998 at 10:45:15:
In Reply to: My lease and my son... posted by Jon S. on July 01, 1998 at 15:38:43:
: I currently have the lease on a rent stabilized apartment.
: I have had the lease for about 4 months.
: I lived in the apartment for about 2 years prior as a subtenant.
: I am divorced and have a 6 year old son. I am considering
: letting my son and ex-wife live in my current apartment
: (I will move somewhere else.) I will continue to pay the rent
: on the apartment. What do I need to do to accomplish this?
: My main concern is that the landlord will claim I have an illegal
: subtenant and try to evict me.
(1ST) Don't be so sure that you can't sublease your apartment. NYS Housing code may permit you to sublease to someone as long as you don't charge more rent than what you are paying to the landlord. Bear in mind that, in such a situation you would be liable for any property damage that they cause to the apartment.
(2ND) You can all live together as roomates and you may not be around much.
(3RD) If it all ties into an alimony situation, definitely contact your lawyer.
(4TH) If you want to transfer the lease to their name it shouldn't be a problem since they are family. If your son is a 'direct relative' you should have no problem at all.
(5TH) Get in touch with your State's 'Department of Housing' and ask these specific questions. Be prepared to be put on hold a lot and transferred on the phone a lot but you will get the answers you need. Have a mailing address ready in case they offer to mail you info. (The mailing address does not have to be your residence). JULY 3, 1998.
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