NYC Tenant Lawyer Blog

Even If You're Not Named On The Lease, You May Still Have Rights to the Apartment

There are situations in which a family member occupied a rent-regulated unit and moved out, leaving it to a relative who continues to pay the rent. Or sometimes individuals marry and occupy an apartment with a spouse, then subsequently divorce, and the remaining party wasn’t on the lease. These are just a couple examples of the wide variety of fact-specific situations that may or may not lend themselves to your retaining a tenancy, when at first you’re not named on the lease.

 In some of these cases, succession rights are involved, which is one of two methods to gain legal tenancy. As a “successor” tenant you may have a right to stay, even if you were not initially on the lease. The key determining factor is that you and a member of your immediate family must have lived there together, as your primary residence, for the most recent two years. If you have been co-occupants for at least two years, and the landlord attempts to evict you to deregulate the unit, or to jack up the rent, you may have a valid argument to continue living there…and not be subject to the landlord’s illegal rent increase.

An important factor in all instances in which an occupant isn’t named on the lease is this: if the rent is still paid in the name of the person who no longer lives there, it creates problems for the person in residency to become the legally “named tenant.” It’s usually preferable to pay the rent in your own name, with legitimate rights under the lease as a remaining family member or legal occupant. However, it’s safest to review your particular facts with a Tenants’ lawyer, before you send a check with a different name on it than the landlord is used to seeing. Otherwise, you’ll likely get a set of eviction papers shortly thereafter, challenging your right to succeed to the lease.

The second method of becoming a legal tenant if you’re not already named on the lease is if the landlord’s actions have established a tenancy. These cases can be very complex and almost always involve litigation. Frequently, issues such as subletting , illusory tenancy and assignment of lease rights come up, among others.

The point is that almost every case of this sort has unique facts, and it is up to a judge to evaluate them and render a decision. Going to court is something of a horse race in all these scenarios, but with proper representation from an experienced Tenants’ attorney, it is possible to win. So if you think there’s a chance you may have rights to a rent-regulated apartment in New York City, which is a rare treasure nowadays, it’s worth considering a consultation with an experienced lawyer.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

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New York, NY 10007
212-406-5145
Fax: (212) 619-0714

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How and When to Report Your Landlord

If you believe that your landlord is breaking a law or violating a regulation, you can call 311 to find out which city agency may be able to assist you. There may be more than one. But if you report your landlord and are in a non-regulated apartment, the landlord isn’t likely to renew your lease. Terminating your lease may be deemed as retaliatory eviction, which is prohibited, however these are difficult cases to win. To begin with, if your complaint doesn’t specifically relate to your rights as a tenant, your situation might not fit the criteria for a retaliatory eviction case. While a tenant’s attorney may be able to negotiate a renewal, there’s no guarantee and you’ll have to pay legal fees. For example, reporting that your landlord is renting out an illegal basement apartment won’t do you any good, unless those neighbors are in some way directly impairing your rights, by being noisy, compromising your safety, etc. So think twice before you file a report just because you have a strained relationship with the landlord. Vengefulness isn’t a good idea.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

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Copyright 2010 McAdams Law

Get a Copy of Everything You Sign

Lawyers are often amazed at the number of clients who will sign legal documents without getting copies of them. A common scenario occurs when a renter is looking for an apartment and dealing with a real estate broker. Brokers routinely have prospective tenants sign leases and forward them to the landlord for approval. It is not unheard of for a landlord to then change the lease a new tenant signed before returning it. Without a copy of the original, you’ll have a hard time proving that the landlord changed the terms of the agreement after you agreed to them. Changes of this type are improper, but are hard to prove or correct. That’s true even if you hire an attorney and try to subpoena the original documents, or attempt to establish evidence by cross-examination of the broker in court. It’s an expensive proposition. So get and keep copies of whatever you put your signature on.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2010 McAdams Law

How to Break a Lease with a Claim of Constructive Eviction

It isn’t easy, but is certainly sometimes a valid defense. If the conditions in your apartment are bad enough to make the unit unlivable, or expose you to a clear and present danger, it is possible to discontinue your lease obligations and not be responsible for rent charges under the remaining term. You have in effect been “constructively evicted” by the landlord’s unconscionable lack of service.

But even if conditions necessitate your leaving, you can expect your landlord to sue you for the rent due under the balance of the lease. To be released from that obligation, you will need to prove that the premises were uninhabitable or dangerous. Take pictures before you leave, keep a file of all written complaints and a record of phone calls to the landlord, as well as any other supporting documentation you can obtain from neighbors.

Also have any police or other government agency investigative reports. Leaks, flooding, environmental hazards such as lead paint or asbestos, non-working elevators, unbearable odors, and drug dealer activity are all potential reasons to vacate and to possibly claim “constructive eviction.”

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2010 McAdams Law

Retain Your Rights to a Rent-Stabilized Apartment When a Relationship Ends

A relatively common scenario with rent-regulated leases involves two people living in an apartment, with both names on the lease. When the relationship ends, one moves out. What are their respective rights? First, the remaining occupant continues to retain rent-stabilized status, as long as he or she continues to pay the full rent, and comply with the other provisions of the lease. The party who vacates is still legally responsible for the rent, as long as both names are on the lease. It’s possible to ask the landlord to change the lease to reflect the occupant’s name only, but the landlord isn’t required to. It may involve a negotiation in which the departing individual signs an agreement forgoing all rights to the apartment and a rent-stabilized tenancy.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2010 McAdams Law

If Your Building is Foreclosed, Pay the Landlord Until Further Notice

If your building goes into foreclosure or bankruptcy, continue paying rent to the landlord until you receive legal notice to do otherwise. The court may appoint a receiver to collect the rent and maintain the property. Until then, in order to protect your rights as a tenant, send the rent to the landlord. Be sure to retain a copy of your payment with proof that it was paid. In certain instances, you may want to hold on to the money until the proceedings determine who should receive the rent. However, this is a decision best made with the advice of an attorney, since it’s possible to jeopardize your tenancy if you don’t pay. Unless the conditions have deteriorated, you owe the rent. But if services decline, as they sometimes do in these situations, it’s worth it to consider organizing a Tenants' Association. Then all residents can contribute to retaining a Landlord Tenant attorney to guard your collective and individual rights. If conditions get really bad, you may want to initiate a rent strike, and bring a suit called an “HP” proceeding in Housing Court to get repairs.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2010 McAdams Law

Successful Early Lease Termination is Often a Matter of Negotiation

If you’re in a lease for a set term and need to break it before the term expires, legally you’re still responsible for paying the rent on all the remaining months…unless the landlord is at fault. This is true even though you move out and are no longer in occupancy.

If the landlord did not fulfill all obligations you may have an argument that the lease was thereby broken, justifying early departure. The landlord “can’t have it both ways,” defaulting on repairs or services, while trying to enforce payment of rent. Neglecting to correct substandard conditions, make repairs, or to supply essential services is grounds to argue you were released from the lease by the landlord’s default.

Of course, sometimes this simply isn’t the case. In that instance, if you need to move, you may be able to cut your losses by making a deal. Explain the circumstances to the landlord and attempt to negotiate early lease termination for an amount less than all the outstanding months. You may be able to structure an agreement wherein you pay the rent up until a new tenant is found. If you can assist in finding a new tenant, so much the better.

An agreement is often preferable in either scenario, whether the landlord may have shirked responsibilities or not. Both parties gain an advantage: the certainty of a mutually acceptable compromise, instead of gambling on the outcome of expensive litigation. Whatever you agree on, get it in writing.

In New York, an exception to normal early termination requirements and costs exists for elderly tenants over 62 years of age: those who are entering nursing facilities are automatically released from the lease.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting.

Please see more details here. Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2010 McAdams Law