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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.