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Co-Tenant Leaving Apartment

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Co-Tenant Leaving Apartment

Postby andyjc » Tue Feb 07, 2017 8:03 am

Hi everyone.

I live in a rent stablized apartment. I am a co-tenant on the lease along with one other co-tenant.

Am I legally able to move out of the apartment, leaving the remaining co-tenant as the soley remaining tenant, so long as my co-tenant agrees and has the ability to pay the rent payments?

Will the remaining co-tenant get evicted if I vacate?

Also, if I leave, is the remaining co-tenant then entitled to bringing in a roommate under the roommate clause? If so, how do I provide proof to the landlord that I have vacated the premises and the remaining roommate is continuing to live there as her primary residence?

Are both co-tenants required to occupy the apartment as their primary residence? It is not clear in my lease, and I have not found any answers online.

Thanks for your help!
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Re: Co-Tenant Leaving Apartment

Postby TenantNet » Tue Feb 07, 2017 11:09 am

Please clarify that both you and the other person are actually signatories to the lease, not just one being on the lease and the other being a roommate. The word "tenant" and "co-tenant" mean specifically that you are a party to the lease.

What do you mean by "Am I legally able to move out of the apartment." Is that a question?
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Re: Co-Tenant Leaving Apartment

Postby andyjc » Tue Feb 07, 2017 11:26 am

Both are signatories. I guess my question is, are both of us required to maintain the apartment as our primary residence, or can just one person?

As I understand from the Roommate Law, if one tenant moves out, he/she can be replaced by one roommate.

Just wanted to make sure this law still applies to rent stabilized apartments.
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Re: Co-Tenant Leaving Apartment

Postby TenantNet » Tue Feb 07, 2017 12:12 pm

OK that helps.

In general, a lease is a contract to pay rent for the term of the lease. If both tenants leave - which you can do - then the LL has the option to seek in court all future rents until the end of the lease. That doesn't happen in all cases. In many instances, it's to the LL's benefit to turn the unit over and increase the rent.

If both persons are on the lease, then who pays rent and how much is negotiated between the two tenants. If the remaining tenant defaults, the owner can seek rent from either or both (even the one who left). Most leases have a "joint and several liability" clause. In practice, usually the LL will seek rent from the tenant who is still in possession.

The tenant who leaves can be taken off the lease at the end of the current lease and the remaining tenant will have a regular renewal under RS rules. However, if a new tenant is added, that triggers a new tenancy with a vacancy increase of up to 20%. That's something to avoid.

In some cases the LL might allow assignments where new tenants can take over the current lease.

Roommates (who are not on the lease) can be added or dropped at any time. That's a decision of the tenants (who are on the lease).
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