Legal Question in Landlord & Tenant Law in New York

Tenant residency establishment: what to do when you�re not on the lease?

I moved into an apt w/ my elderly senile aunt a few years back. I�ve lived and taken care of her for some years now and it seems I should probably be put on the lease. The apartment is in government housing (not Section 8 but I�m not sure what ). My aunt has lived there 25 yrs and pays 1/3 of her income/ social security. I�m a student and don�t earn much so even if I do pay the 1/3 of my income it won�t change the financial situation or go against the maximum earning cap. My aunt is 87 and could die any day. I�m afraid that if she dies I will have to leave and will have no where to go. There is also another issue.Her grandson pays the phone and cable bill. I know he isn�t on the lease because I�ve seen her bill, and it doesn�t have him listed as a tenant. In the even that she passes, I�m afraid that he and his family will fight me for the apartment. He�s never lived here and doesn�t have any mail sent here. My aunt pays the rent but since the other/only bills are in his name does he have the ability to claim residency even though he�s not on the lease? Since my address on taxes, federal aid, student loans, drivers license, mail, bank and credit card info are listed to this address can I claim residency and stay after she dies? Tha


Asked on 7/01/07, 12:53 am

1 Answer from Attorneys
Steven Czik CZIK LAW PLLC

Re: Tenant residency establishment: what to do when you�re not on the lease?

Since you have lived there for that long with the purpose of taking care of your aunt, along with the fact that you are a relative you should be able to lay claim as a rightful tenant of the apartment. However, it may be quite be helpful to have an attorney assist you in lease negotiations with the landlord and to ensure that your rights are protected. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 7/02/07, 12:51 pm


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