Legal Question in Real Estate Law in New York

Relative subletting(not formally)

Trying to find out if there are any forms where I can make relative responsible for any rent in arrears. My Brother who has been living in my residence for 5 years owes close to 2,000 dollars in back rent and I am tenant on the lease. Landord has given consent to allow my brother to live in my residence, but I do not have anything formally in writing for subletting apartment through landlord.

If anyone can help me I would greatly appreciate it.


Asked on 12/06/02, 12:39 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Relative subletting(not formally)

I am not aware of any specific agreement on the Internet. However, all you need is a simple letter from your brother to you spelling out what his obligations are (to contribute to the monthly rent), how they are to be paid and what happens if he falls into arrears (like being able to evict him). It would be best if his signature were notarized, in case you ever have to sue him or bring him to Court.

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Answered on 12/06/02, 2:37 pm
David Slater David P. Slater, Esq.

Re: Relative subletting(not formally)

1.

With reference to past due rent owed you should have him sign an agreement acknowledging he owes you the Money and how it is to be paid off.

2. With reference to ant future rent to be paid to you both of you should sign a sublease agreement with you as sublessor and he as sublesse. This type of lease is available on the internet or any legal stationary store. Good luck.

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Answered on 12/06/02, 2:57 pm
Lawrence Simon Law Offices of Lawrence M. Simon

Re: Relative subletting(not formally)

You will always be responsible to the landlord for back rent, regardless of what agreement you can get your brother to sign. Most lawyers do not recommend forms without legal advice accompanying it, and I am one of those lawyers. Good luck to you.

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Answered on 12/07/02, 11:55 am


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