Legal Question in Landlord & Tenant Law in New York

can landlord renegotiate lease?

On the original lease contract for the apt I live in, only my father and my brother are the ones signing the lease. I am listed only as a person with the right to occupy the apt. Subsequent lease renewals don't mention me at all.

I have been living there for 9 years, but now I want to get an apt of my own and I plan to apply with the same landlord. My question is: can my moving out give the landlord the right to renegotiate lease with my father? That would surely mean huge rent increase since what they pay now is way below market rate.

I am not the party signing the lease, so I don't think my moving out should mean any lease changes but I want to make sure I won't cause my father any landlord problems.

Thank you


Asked on 7/16/03, 9:42 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: can landlord renegotiate lease?

My answer may not be 100% accurate because the are some questions I need to ask you. I need more information to be confidant of my answer.

However, based on the information you have given me, no way can your leaving have an impact on your family's lease. This does not give the landlord any opportunity to act to increase the rent.

Your family's record with the landlord will establish a good 'credit report' for you with this landlord. This kind of record is better and more reliable than financial information, and the landlord will know this.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 7/16/03, 12:38 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: can landlord renegotiate lease?

Your moving out should not effect your father, however it could effect your right of succession to your father's apartment.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/16/03, 2:45 pm


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