Legal Question in Landlord & Tenant Law in New York

Landlord write additional lease to new tenant in already accupied apartment.

I rent out the apartment with two other roommates. They had a friend who staying there for a while now and I did not care because she helped pay for utilities and she's staying in one of my roommate's room.

However since she's is staying here for so long. The landlord decided to charge her a month-to-month rent. Because she is paying for rent (not as much as everyone else) she is taking up the storage room as her room and the storage room is no longer a shared room.

The landlord claims that they can do that and they are not violating the lease. However, the additional tenant in not signing the lease, but addition lease specific for her case. I want to know if I can break the lease since they are adding additional tenant in the apartment since?


Asked on 10/22/03, 10:31 am

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Landlord write additional lease to new tenant in already accupied apartment.

It's possible, but it depends on the specific terms of your lease. It would have to be reviewed by someone familiar with landlord-tenant law.

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.

Read more
Answered on 10/22/03, 10:34 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Landlord write additional lease to new tenant in already accupied apartment.

This sound interesting! Do the 3 roommates have a lease as a group with the landlord, or do you each rent a room plus common area privileges from the landlord?

I am not sure the answer matters. If you rent as a group, the landlord has made a serious infringement of your possessory rights and has invalidated the lease.

If the landlord rents to you individually, then he has reduced your common area privileges. Was this done with or without your consent is a legal, not a logical real-world,question.

In any event, you can reduce your rent based on the loss of the common area or just walk away from the lease.

This is an easy one. If he sues, do not ignore it. Answer the 'complaint/summons' and show up in court.

Read more
Answered on 10/22/03, 2:59 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New York