tenant - not on the lease but want to be

[gdmonahan]

What is the name of your state? New York

I moved in to an apt in Brooklyn w/ a friend 4 1/2 years ago. She had already been living there for some time and had a lease on which she is the only person listed. I've always just paid her my monthly rent -- and I've also had some of the utilities in my name for the duration of my time in the apt.

The landlord knows I'm in the apt but we only hear from him if something is wrong in the building -- usually not more than once a year. A couple of different times we sent him a written request w/ the rent to ask about getting me on the lease as well, but we never heard back from him.

Now my roommate is looking to move out but I want to stay in the apt and find a new roommate to move in with me. This is a rent stabilized apt and the lease doesn't expire until September. I'm not sure what my rights are and if I might get kicked out.

Any clarification would be much appreciated.
thanks,

gdmonahan

 

[seniorjudge]

What did your landlord say when you asked to be put on the lease?

 

[COlandlord]

With her notice to vacate to the landlord, inform the landlord that you would like to apply to live there. If you get no response, plan on moving when she leaves. You are not on the lease and the only agreement you have is with your roommate. If you fail to move out when she does he can file an eviction on you.

 

[You Are Guilty]

Better start looking for a new place. "Rent Stabilized" means you're not getting on the lease if you're not family.

http://www.dhcr.state.ny.us/ora/pubs/html/orafac30.htm

 

[MIRAKALES]

In order to have rights you would need to be a legal tenant. Admittedly, you know that your occupancy is illegal albeit uncontested. In benefiting from the living arrangements and low cost rent for more than four (4) years, you have received more than you are entitled to. Consider that your financial gain and move out when the roommate moves. It would not be reasonable to give the landlord an unnecessary difficult time. The penalty will be severe if you attempt to stay. You will cause legal action to be taken against both you and your friend, the legal tenant. Move forward and upwards, not sideways or backwards.

 

[ecmst12]

Well, he could get the apartment, but probably wouldn't inherit the rent stabilization which is what he probably wants to do.

 

[kornball]

OP a question ...

Knowing the legal tenant is leaving, have you spoken to or better yet applied for this apartment?

This would be an excellent first step to attempting to get this apartment ....

 

[AdamWe]

OP a question ...

Knowing the legal tenant is leaving, have you spoken to or better yet applied for this apartment?

This would be an excellent first step to attempting to get this apartment ....

Yes, it would but he wouldn't get it at the price he wants. Have you considered marrying the person who is on the lease?

 

[kornball]

Yes, it would but he wouldn't get it at the price he wants. Have you considered marrying the person who is on the lease?

Probably not, but rent is not FREE and normally goes up ... He the OP likes the place that much he can pay for it, and if a friend signed the lease with the OP then it would not go up that much in theory ir rent and utilities were split

OP mentioned nothing of price being a concern other that the apt was Rent Stabilized. So that would tell me the OP wants the apt for the apt, not for its cost.

 

[You Are Guilty]

Yes, it would but he wouldn't get it at the price he wants. Have you considered marrying the person who is on the lease?

Don't forget adoption, too