Rental Basics in New York>Question Details

Pcast973, Renter in New York, NY

My roommate is moving back West and I was wondering what would happen if she were to renew the lease if she wasnt here and we took her place instead?

Asked by Pcast973, New York, NY Sun May 27, 2012

Our landlord is giving us a lot of issue over signing over lease to me. If my roommate were to renew the lease and she moved would the landlord have any grounds in suing her even if the rent were paid on time and even if there never was an issue.

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Elan Gavish’s answer
As long as rent was paid on time and there were no issues, he/she would not have any grounds to sue nore would sue in the first place. If he allows you to resign the lease then he is giving consent to the agreement.

Elan Gavish
Senior Vice President
Associate Broker

646 808 9494
0 votes Thank Flag Link Thu May 31, 2012
What does the landlord hold against you? Get roommate to sign a lease that allows subleasing. Then make sure roommate subleases to you. Bingo CASE DONE!

Please work with an experienced and licensed real estate broker. That is the best way to find a place in Manhattan. Be wary of brokers that work with only one company. Remember they are doing a job to rent out their unit. Work with a tenant's broker that can show you many places.

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0 votes Thank Flag Link Tue May 29, 2012
You may talk to a tenant land lord lawyer because it is law involving issue .
0 votes Thank Flag Link Mon May 28, 2012
Since you have concerns about a potential law suit, before considering the idea consult with an attorney who specializes in real estate....
0 votes Thank Flag Link Mon May 28, 2012
This sounds risky to me. A lease is a legal document. Having your friend sign the new lease, move, and then have you live there, particularly when the landlord has already stated he/she has an issue with this would not show good judgement. It would put you at risk. You are saying the landlord would not have "grounds for suing" because he/she is still getting rent. The point really is that you have no legal basis to reside there in place of your friend. This would be ill-advised.
0 votes Thank Flag Link Mon May 28, 2012
It sounds plausable but there may be risk as you are essentially committing fraud. Was the original lease only in her name? IS your credit and/or income not enough that the landlord is hesitant about having you sign a lease? Have you created any problems since you've been there? It's got to be something but only you would know.

My response is to talk to a real estate Attorney. Just about everyone will give a first free consult. Past that, good luck.
0 votes Thank Flag Link Mon May 28, 2012
You and your roommate should also sign a contract or she would not be protected if for some reason
you did not fulfill your end of the bargain.

YT
0 votes Thank Flag Link Mon May 28, 2012
If the lease is on her name, and she allowed the renewal, you have absolutely nothing to worry about.
0 votes Thank Flag Link Sun May 27, 2012
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