Q: How may my wife take over our apartment lease if the current leaseholder isn’t renewing?
My brother is the current leaseholder of our Bronx residence. Due to prior financial difficulties, I have been subletting from him for over five years without formal authorization from the property owner, and this arrangement lacks written documentation. My wife and I have cohabited in the apartment for the past two years, although she was not included in the initial sublet agreement. The property owner is unaware of her residency, but the building manager is cognizant of her presence. My brother has informed me of his intention to vacate the premises upon lease expiration, and my wife wishes to remain in the apartment and secure a lease in her name. Given the landlord's reputation for stringent lease enforcement and potential reluctance to negotiate, we seek legal counsel regarding my wife's rights and options for securing tenancy.
A:
Dear Bronx Tenant
Is this a Rent Stabilized apartment?
Does your brother also live in the same apartment with you and your wife?
If so, then your arrangement with your brother is not a sublease even if you pay rent to your brother.
If your brother is living in the apartment with you your occupancy is already allowed by the lease and New York State housing law.
But taking over the lease may be a problem for you and your wife. You'll need to have a lawyer look over everything before attempting to reach out to the landlord.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
