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Posted by Anna on July 30, 1999 at 11:00:56:

In Reply to: the apartment is his if his name is on the lease... posted by Willard on July 30, 1999 at 08:58:07:

Willard: You are correct: no succession issue here: a potential renewal-lease fight.

Dan: Who signed the first lease is no longer relevant: you are now equals; you are both tenants and can be held responsible for the whole rent separately or jointly.

The landlord should drop your name from the next renewal lease: even if he does not, as long as you do not sign it, you will not be liable for it. It is usually more difficult to get a LL to add a name to a renewal lease than to subtract one. If your LL gives your co-tenant trouble: it will be their problem, not yours.Your co-tenant can immediately file a complaint with DHCR for failure to offer a renewal lease: learn more in the DHCR section on Tenant.net http://tenant.net/DHCR_info/ (from the HomePage: > New York Tenant Info >> Rent Stab/Rent Control) or goto DHCR's website: http://www.dhcr.state.ny.us/

BTW: "my verbal agreement that I was still responsible for the full amount of the
rent": you cannot alter a written contract (lease) with an oral agreement. you know what they say about oral contracts? they are not worth the paper they're written on!

: the landlord put the guys name on the lease...as a co-leasee this isn't a succession issue. He is entitled to stay as long as he maintains the apartment as a permenant residence.
: The verbal agreement has little meaning unless witnessed.

: am I wrong?

: Willard

: : Your apartment is rent stabilized, not rent controlled. If you choose not to renew your lease, the landlord has the option of offering your roommate/co-tenant a vacancy lease, with an 18% increase for one year or 20% for two years, but he doesn't have to offer that to your roommate/co-tenant. He can evict both of you if your roommate/co-tenant refuses to move at the end of the lease, and you could be on the hook for the use and occupancy charges and the landlord's attorneys' fees, if the landlord has to go to housing court to remove your roommate/co-tenant.

: :
: : : I have lived in a rent controlled apartment in Manhattan for five years. I was the original signer of the lease, and I have shared the apartment with a steady stream of roomates. My current roomate has lived in the apartment for six months, and the landlords allowed him to add his name to the current lease a few months ago, on the condition of my verbal agreement that I was still responsible for the full amount of the rent. I plan to move when the current lease expires, but my roomate wishes to stay in the apartment. I do not intend to sign my name to another lease on this apartment. (i.e. I don't want to sublet) My big question is as follows
: : : : can my roomate, whose name is now on the lease, sign a renewal lease on this apartment, with the 2% increase (or whatever it is for a rent controlled apartment?) Or is there a distinction between my rights as the signer of the original lease, and my roomate's rights as a recently added name? Can the landlord force him to vacate the apartment? Does he have any succession rights?

: : : An answer to this question would be very helpful!!

: : : --Dan

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Comments:
: Willard: You are correct: no succession issue here: a potential renewal-lease fight.

: Dan: Who signed the first lease is no longer relevant: you are now equals; you are both tenants and can be held responsible for the whole rent separately or jointly.

: The landlord should drop your name from the next renewal lease: even if he does not, as long as you do not sign it, you will not be liable for it.  It is usually more difficult to get a LL to add a name to a renewal lease than to subtract one.  If your LL gives your co-tenant trouble: it will be their problem, not yours.Your co-tenant can immediately file a complaint with DHCR for failure to offer a renewal lease: learn more in the DHCR section on Tenant.net  http://tenant.net/DHCR_info/  (from the HomePage: > New York Tenant Info >> Rent Stab/Rent Control) or goto DHCR's website: http://www.dhcr.state.ny.us/

: BTW: "my verbal agreement that I was still responsible for the full amount of the
:     rent": you cannot alter a written contract (lease) with an oral agreement.    you know what they say about oral contracts? they are not worth the paper they're written on!

:
: : the landlord put the guys name on the lease...as a co-leasee this isn't a succession issue. He is entitled to stay as long as he maintains the apartment as a permenant residence.
: : The verbal agreement has little meaning unless witnessed.

: : am I wrong?

: : Willard

: : : Your apartment is rent stabilized, not rent controlled.  If you choose not to renew your lease, the landlord has the option of offering your roommate/co-tenant a vacancy lease, with an 18% increase for one year or 20% for two years, but he doesn't have to offer that to your roommate/co-tenant.  He can evict both of you if your roommate/co-tenant refuses to move at the end of the lease, and you could be on the hook for the use and occupancy charges and the landlord's attorneys' fees, if the landlord has to go to housing court to remove your roommate/co-tenant.

: : :
: : : : I have lived in a rent controlled apartment in Manhattan for five years.  I was the original signer of the lease, and I have shared the apartment with a steady stream of roomates.  My current roomate has lived in the apartment for six months, and the landlords allowed him to add his name to the current lease a few months ago, on the condition of my verbal agreement that I was still responsible for the full amount of the rent.  I plan to move when the current lease expires, but my roomate wishes to stay in the apartment.  I do not intend to sign my name to another lease on this apartment.  (i.e. I don't want to sublet)  My big question is as follows
: : : : :  can my roomate, whose name is now on the lease, sign a renewal lease on this apartment, with the 2% increase (or whatever it is for a rent controlled apartment?)  Or is there a distinction between my rights as the signer of the original lease, and my roomate's rights as a recently added name?  Can the landlord force him to vacate the apartment?  Does he have any succession rights?

: : : : An answer to this question would be very helpful!!

: : : : --Dan


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