Succession laws

[Wendy Oconitrillo]

I live in a rent controlled apt. The original lease is in my mother's name. I have lived in this apt. all my life (27yrs), when my mother moved out, I stayed in the apt. This is a rent controlled apt. and the landlord never wanted to take personal checks Ive always paid in cash, recently in money order and I always get a receipt. My mother's lease is now up for renewal in June '01 and he has sent her (she rents a larger apt. upstairs in the same bldg.)a form to surrender lease. He told her it was for the transfer of her name to mine on the lease. I don't believe him because I had read somewhere that there is a law of succession that entitles me to have the lease transferred to my name without any penalty and I dont recall any form called surrender to be completed. He has been making life difficult and I don't trust him with this surrender form. My fridge and stove are the original when my parents first came to this apt. in 1972 they barely work and when I spoke to him about replacing he wanted to charge me a higher rent. Since I did not feel I should be paying him for a used appliance that I don't get to keep anyway, I told him I would buy my own. Can he really raise my rent for supplying me with a refrigerator and stove; I believe my current appliances have absorbed their estimated useful life, they are literally falling apart.

I basically want to know what my rights are and if this "succession law" applies here and what do I need to do to get my own lease without him raising my rent sky high since he is looking for any excuse to raise it.

 

[djdj]

Well Wendy.....

You have 2 choices first i hope with that ULTRA low rent you have been paying you have BEEN A REALLY GOOD GIRL AND SAVED UP $2000-3000 or more to pay a lawyer, becuse this is not a good situation to be in.

First sucession is for that apartment only, and your mother must have died or moved out , which she did but into another apartment, instead of tho florida.

I will try and research this for you but, is her apartment rent stabilized or free market?

Also the landlord, will fight this on non primary residence and you will have to prove you have lived there at least 2 years...before she moved out.... such as drivers licenses all mail checkbooks, insurance forms paychecks tax forms all must have your present address.

Thats why a lawyer is necessary for this...because it is unusal and any misstep may cost you the apartment, or it could be raises to a rent stabilized rent(not free market) much higher then it is now.....

But all that is a mathematical calculaion, what is your rent now?, what is you mother paying? is her rent the average rent stabilzied rent for the same size apartment..in the bulding ? was your mother apartment rennovated?

If it is an old apartment and the same size then thats where your could wind up....

And YES the landlord must replace broken appliances with working one....note I DIDNOT say NEW they can be used, if you did want a NEW fridge, or stove the landlord is entitled to 1/40 of the cost added to your monthly rent forever.

If you buy a refridge, thats ok too, but YOU CANNOT throw out the old one, it must be kept in the apartment, or the landlord could file for eviction, with a 10day notice to return the apartment to its original condition, yes you will have to find or buy a very used refridge to replace it.

thats the rent stabilzation laws for ya.

So like i said, this will cost ya some money he's just figuring you sign that and he's gotcha.

There is more but this is a start

[Edited by djdj on 01-24-2001 at 01:19 PM]

 

[Wendy Oconitrillo]

Succession Law

Cont'd from 1/24/01
My mother moved out to a larger apt.My apartment is rent stabalized. I have always had my apt. as my address for over 2yrs. My current rent is $370.78 and my mother's rent is approx $700. I think her apartment is also rent stabalized and no he did not renovate the apt. She has always painted and so on. She has a two bedroom. My apt is a one bedroom; that is why she moved it was too small for all of us.

I received a call from the super last night. She told me she had a new lease for me but that the landlord told her not to give it to me until i gave her the surrender form signed by my mother. The rent was increased, but she did not tell me how much. The average apt. in this bldg is $600. My apt is the oldest leased as far as with least rent. Like i said ive lived here 27yrs. The current lease for my apt expires this June.

Unfortunately, I work at a not-for-profit and don't make a lot of money, and I'm still a college student..so no I have not saved thousands for a lawyer.

Please give me some further information on succession or maybe a place where I can look into it. I don't know what to do from here and time is running out.

 

[djdj]

Why those scumbags......sign a surender then they will give you a lease....well little girl I hope you are NOT going to fal for that one!!!!!!!

Now do you see why i get angry with people, If your mom would have signed that they would not give you a lease, and they would evict you..and guess what YOU HAVE NO MONEY!!!!!

Legally they have to give you a renewal lease between 120 and 150 days before the lease expires, then you have 60 days to sign it or not. OR a letter stating why the are NOT giving you a renewal lease.

You really must answer this is the lease on this apartment rent stabilized or rent controlled? did you mom sign a renewal lease every 1 or 2 years, an do you have a copy?


So tell them this is illegal, and they must give you a lease first! You probably should borrow money from your mother, becuase if you are claiming sucession rights, then they can only raise the rent 4% for a 1yr lease and 6% for a 2 yr lease. not bad.......

But what they are trying to do is claim you are a new tenant with a new lease an at a minimum they are entitled to a 20% up to 35% vacancy increase in rent. which they could get if you sign that release.

That is why you will have to see a lawyer,at least for a consultation, and advice on how to proceed, WHO KNOWS maybe one nasty letter from the lawyer and the landlord will back down.....You are legaly entitled to a renewal lease and no vacancy increase.

What does the surender form say? does it say that your mom gives up all rent stabilzed rights to the apartment? Or gives up all right period? Must surrender the premisis empty? excatctly what does it say

Like i said you have to start thinking like a smart girl and save your dollars from here on out.... Because NEXT time the lease comes up for renewal YOU WILL need thousands for a lawyer, they will try and evict on 2 BIG grounds, The landlord needs your apartment for his family...and if he doesnt already have an apartment in the building you are screwed.

second, if the super wants your apartment, and doesnt live in the building....OR worse...if the super goes thru a divorce and the wife has to stay in the old apartment...and especially if its on the ground floor with access to the yard.

so tell me more details, and dont worry it is Illegal for them to demand your mom sign that surrender.....and not give you a lease...

But then thats what courts are for right? You will learn a valuable lesson in life they DO NOT teach in college, its all about a country called AMERICA and what rights you have.

Like the right to defend yourself in a court of law before the landlord can evict even a dog!

[Edited by djdj on 01-26-2001 at 03:38 PM]