Rental Basics in 11209>Question Details

Jennifer Cel…, Renter in 11209

I have a question I rent an apartment and my landlord is asking me to move because I have my brother stay with me, can she do this?

Asked by Jennifer Celvino, 11209 Sun Jul 29, 2012

I do have a lease but she is also threatening me that she won't renew. What to do?

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That is so unfortunate to live under those terms, but if you love the place then the landlord can do all they want as long as you pay the rent they cannot ask you to move, they can however if you live in a private house but since you wrote she's not renewing I'm taking it as if this is a 6 fmaily or more if so then Jennifer she cannot do anything a matter a fact you can get a lawyer for grounds of harrassment and believe me she'll stay quiet. If you want I would do that just so she will leave you alone, don't let no one bully you get a lwayer and one letter from the lawyer will keep her quiet and under NY laws all leases that are in good standing as far as paying the rent gets renewed whether the landlord would like it or not under rent stabilization laws. Rent stabilized laws reqire landlords to renew you cannot and I repeat cannot ask someone to move just because they have someone staying with them. Wish you the best!!!! Jeannette Batsikas
0 votes Thank Flag Link Sun Jul 29, 2012
Need more info, but there is a law directly on point regarding your brother moving in...see an attorney if necessary.

If the unit is rent stabilized, follow the link below regarding the renewal issue...see an attorney if necessary.

Good luck!
1 vote Thank Flag Link Sun Jul 29, 2012
It depends upon the amount of unit the building you live in. If the property is less than six unit then the landlord has the right of not renewing your lease. If the building is six or more than the landlord is required by law to renew. For the question of your brother staying, that depends on your lease. If the building has less than six units, she can refuse to renew.If the building is greater than six units it would be foolish for the landlord to pursue legal action because if you went to court the judge would avail to you time for your brother to move. They will certainly not require you to move if your brother only came to spend his vacation with you .... Good luck
1 vote Thank Flag Link Sun Jul 29, 2012
What state? If it's new York, I would love to see the landlord try for an eviction based on unregistered tenant. If its new York city then the possible answer is the landlord has an ulterior motive. Has the landlord issued a demand for compliance or a demand for a cure of the alleged breach of lease. Is it a two bedroom or one. In NYC a non renewal eviction is usually an expensive proposition for the landlord
0 votes Thank Flag Link Mon Jul 30, 2012
Usually when you sign a lease you have to disclose who will be residing at the property and leases may contain a clause about visitors staying at your home. If your brother is a resident the landlord can request that he leaves or you may be in violation of your lease. If you have concrens you need to discuss this with an attorney who can give you legal advice pertaining to this matter.

All the best,

Gary Geer
0 votes Thank Flag Link Mon Jul 30, 2012
Generally your lease will state who can occupy the property. Review your lease to see if this issue is addressed.
0 votes Thank Flag Link Mon Jul 30, 2012
The question is why does the Landlord have a problem with your brother living there. Have there been complaints from someone about him? There is such a thing as a holdover proceeding where the landlord can object to renewal of a lease for reasons other than nonpayment of rent. Robbie and George are also correct in their points made. For James in Ohio great points except New York is a different country when it comes to landlord-tenant issues. You should know your rights but try to work things out with the Landlord. Try to avoid court because that could become a problem if you have to move in the future.
0 votes Thank Flag Link Mon Jul 30, 2012
Thanks for the answers, Jeanette you are right I live in a 6 family and the landlord doesn't live on site but she can be annoying, I did go to another site to ask the question and got the same answer as you I knew what she was doing was illegal. I'm going to call the bar association tomoorrow for them to refer me to a lawyer so she can stop harrassing me. Thanks again!
0 votes Thank Flag Link Sun Jul 29, 2012
It is up to the property owner to decide if they want to offer a renewal of lease or not. What does your lease say about someone else moving in with you? Most leases address this issue and the landlord in most caes needs to be notified. On my rentals anyone that moves in long term needs to go through the same background check that the original tenent had to.
In the area where I have rentals an eviction can happen with a 30 day notice and the magistrate is not very forgiving on additional tenents. The jurisdiction next to mine where I have a friend that owns properties the magistrate tells the landlord let the lease run and just don't renew them.
0 votes Thank Flag Link Sun Jul 29, 2012
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