What are the obligations of tenants in a rent controlled apartment if they don’t have a lease but intend to allow a friend to take over their apartment?

My parents intend to leave their rent controlled apartment of 30 years. They have not had their lease renewed in 2 years. They want to leave without giving notice and let their friend take over the apt. Is the friend entitled to the apt. with rent control? If the friend fails to pay rent, are my parents liable for the back rent, even without a lease?

Asked on March 5, 2012 under Real Estate Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Once a rent controlled tenant leaves an apartment it either becomes decontrolled entirely or rent stabalized, depending on the number of units in the building.  But their friend is not a successor in interest in the apartment.  They are not a family member or on the original lease and have not lived there for the two years immediately preceeding your parents departure.  Sorry. 

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