Q: I'm living in an apartment since 2 years ago but the Lease is on name of my friend that left the country 18 months ago.
A couple months ago I receive the paperwork to renew the lease, but it came on name of my friend, My wife and I are occupying the apartment and we kept the apartment very neat, nice and clean, we always pay the rent on time, we painted walls, sanded nasty wooden floors making then look like brand new floors, we replaced some old and dirty carpets with new ones, we love living in this apartment and we want to keep living here.
We talked to the land lord that we wanted to renew the lease but on our names, and that we will take the new renting rate. he told us that we need to leave the apartment.
Note that this is a rent controlled building.
the current rent for this apartment is $1025 / Monthly.
If the land lord takes the apartment and re-rent this apartment to new tenants he will charge about $3,000 / Monthly.
What can we do?
if there a way that we can stay living in this apartment and force the land lord to make a new lease on our names? or should we leave?
Thanks a lot.
Jack.
A: While you can negotiate with the landlord for some extra time or small payment, the bottom line is that you are going to be evicted. You can stretch it out by going to court and paying legal fees, and the landlord will incur legal fees, but you have no right to the lease. Also, you have already confessed too many things to the landlord which has undermined any legal chances you had.
Barry E. Janay agrees with this answer
A: If you were never in a lease with the landlord or the tenant, then you may argue a constructive lease since the landlord was accepting your payments if the checks were in your name and if the landlord knew you were living there. You may be able to use the protections of rent control laws in NYC to help you stay there. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: There likely would've been a way, but unfortunately you appeart to be past the point that something could have been done based on what you've written above.
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