Legal Question in Landlord & Tenant Law in New York

Occupancy laws

I signed a one year lease that said occupancy was limited to one person. My girlfriend spends most nights with me. She owns her own house and maintains her address there.

Now my landlord is trying to increase my rent by saying that she lives in my apartment with me. He also said that if someone spends more than ten nights in one year that it is a violation of my lease. But my lease does not state any such thing. I also pay all utilities except water. NY tenants right guide sec. 235 -f says i can have anyone I want stay with me, is this true or am I misunderstanding what it states? thank you


Asked on 1/08/04, 8:20 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Occupancy laws

Your landlord will have a hard time increasing the rent (during this lease term) based on these facts. The question of where your girlfriend is living is a question of fact, but if she maintains her own address, pays her own bills, receives mail at a separate address landlord will have a hard time proving she resides with you.

Unless stated in lease, there is no provision in law limiting visitors to 10 days a year.

If you have any interest in maintaining a good relationship with your landlord (plan on living in your apartment long term) you may want to consider coming to an accomodation. Does your landlord live in same building? Who pays gas, heat, electricity? Does your girlfriend use all the hot water? or blast the heat? If your landlord has real concerns you may want to address them to accomodate the increase in used resources. Otherwise, your landlord really doesn't have legal standing to increase your rent (currently) based on what you say.

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 1/09/04, 8:56 am


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