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Re: Landlord wants to show apartment -- Take 2

Posted by Mark Smith on August 27, 1999 at 10:36:19:

In Reply to: Re: Landlord wants to show apartment -- Take 2 posted by JP on August 27, 1999 at 09:08:56:

You have the right to have your husband live with you under the roommate law [Real Property Law 235-f], but your landlord also has the right to terminate a month-to-month tenancy on 30-days' verbal notice, assuming that the property is not in New York City. It just seems that you will lose eventually, and with a month-to-month tenancy outside New York City, eventually may not be a very long time.

If you need the money from the security deposit, it looks like you -- not your husband -- should ask the landlord for it, in view of the hostility between them. If your tenancy is considered a new one, and not a continuation of your husband's written lease, technically the landlord should have returned it to your husband when he moved out before the end of the lease, and you took over, with no loss of rent, and, I'll assume, no damage to repair.

But if your tenancy is considered a continuation of your husband's, the landlord would have to return the security deposit within a reasonable time after you move out. If the landlord claims that he lost rent because you wouldn't let him show the property in accordance with the terms of your husband's written lease, he might refuse to return the security deposit and sue for any loss of rent over and above the amount of the security deposit. The landlord might also get a judgment in landlord-tenant court for his attorneys' fees, if the written lease had the standard attorneys' fees provision.


: When my husband left the written lease was ending in a month. I wasn't sure of the status of the renewal and my husband offered no information. At that time the landlord had no intention of renewing and told me he was not obligated to renew the lease with me since it was under my husbands name. I explained my situation and he agreed to let me stay on a monthly basis but I was told that if I reunited with my spouse I would have to leave. All of this was oral and we never discussed the deposit I assumed it would be used for the new te

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