My Roommate Passed Away - Any experience with Roommate rights? (New York: 2015, rent)

[omigawd]

One thing he has on his side is that he's been there for 8 years and has mail, etc to prove it. Hopefully, you've been filing your taxes every year using that address also.

You can stay so long as you pay the rent. They cannot kick you out without an eviction proceeding. I would go to the management office and remind them you've been living there for 8 years (and have proof of such) and ask that you can take over the lease. If not, then let them go through the eviction process. Who knows? You may just win. I've known of people in similar situations who have won cases like this. You might, too.

[purehuman]

Originally Posted by JoeyAnyc

I have a situation that I hope some member might have some helpful information for me.

I have been renting a room from my roommate for about 8+ years. I am NOT on the lease. I do have mail in my name and everyone in the apartment building knows who I am and that I reside here.

Unfortunately, my roommate passed away this past weekend. I know the lease is up in the summer.

I have the obvious questions anyone in my position would have:

1. Can the Complex kick me out?
2. How long can I reside here? I don't want to be homeless in the winter!
3. Are they legally required to let me reside here for the remaining time of the lease?
4. It's rent stabilized. Can they increase my rent, during the remaining time of the lease?
5. Do they have to offer me the option to sign a new lease? If so, how much can they increase the rent?

Thanks in advance for any help.

Why would they want to kick you out..they'd be the losers, as they'd have to find new tenants....did you explain to them your circumstance and that you'd be willing to have the lease put in your name, and you'd continue to pay?..If they want your name on a new lease, I can't see how that would make any difference in the price of the rent, as you've said the rent is stabilized......I don't think they ever have to offer you, or anyone else in the building the option of signing a new lease...but if you're a good tenant I can't see why they wouldn't....course I'n no expert on these matters, so that's just purely my opinion.

[mc33433]

Very sorry to hear of your roommate passing.

Now OP will have to cover full rent and not just their portion? Were you looking to bring in another roommate now to share the cost?

I would speak to the landlord. I hope you have proof you have been there 8 years (as others suggested, tax returns with the address, bills, etc)

[Ruready4Bklyn]

Shouldn't be a problem at all, all you have to do is prove you've been living there for more than 6 months which obviously you can just from bills and such. The LL will not take you to court, it will be to expensive and not in their best interest and if they do they will surely loose big time. I know people that took over leases from a sublet with no problem, LL would just update the lease as if they a new tenant was moving in. Sorry about roommates death though.

[Kefir King]

Your only bet is to demonstrate that you are a person:

who can prove emotional and financial commitment and interdependence with the tenant

Can you demonstrate that you and he were "emotionally involved." Can anyone show that you were not sexually connected? Sharing rent, utilities, might qualify as a "financial commitment."
Did you ever vacation together?
Can you get someone to testify that you two were lovers?
Did you share a bedroom?
Did you ever have sex?
Do you have ANY evidence that you paid any bills? After 8 years you should have SOMETHING?
Did he ever lend you money; did you ever lend HIM money? Any evidence?

After 8 years I don't think it's a stretch to imagine a reasonable judge ruling there was probably a financial and emotional commitment! Just plain "roommates" don't usually last 8 years.


Probably nothing will happen til lease time but it could be brought to a head next month when you try to submit a rent check and the landlord refuses it.
But unless you can qualify under the bold requirement above you are out unless the landlord chooses to rent to you...perhaps you can illegally volunteer to pay more?

[BingCherry]

Sorry, but it ain't happening. This is why people need to think twice about paying in cash. Hey, I've done it and it works out WELL, but you need to be prepared to move at 30 days notice. All rentals are temporary.

[jcoltrane]

Originally Posted by omigawd

One thing he has on his side is that he's been there for 8 years and has mail, etc to prove it. Hopefully, you've been filing your taxes every year using that address also.

You can stay so long as you pay the rent. They cannot kick you out without an eviction proceeding. I would go to the management office and remind them you've been living there for 8 years (and have proof of such) and ask that you can take over the lease. If not, then let them go through the eviction process. Who knows? You may just win. I've known of people in similar situations who have won cases like this. You might, too.

Originally Posted by Ruready4Bklyn

Shouldn't be a problem at all, all you have to do is prove you've been living there for more than 6 months which obviously you can just from bills and such. The LL will not take you to court, it will be to expensive and not in their best interest and if they do they will surely loose big time. I know people that took over leases from a sublet with no problem, LL would just update the lease as if they a new tenant was moving in. Sorry about roommates death though.

The fact that he has been living there for 8 years has no legal relevance. What the heck does 6 months have to do with the issue?? Where do you guys get this crap? Do you make it up in your sleep? It most certainly IS in the interest of the LL to gain possesion of his property.

You people really know little about what you speak, and should refrain from speaking DEFINITIVELY as if you do!

*****

The clause highlighted by Modsquad is indeed aimed at Gay couples, and even then you need to prove as a gay couple you were all but married. Now, that there is legal gay marriage, clauses like that come into question. A bit of a legal quandrum.

Anyway, re the OP,

The only legal way you can keep the apartment, against the LL's desire, w/b to prove you are a legal tenant.

The fact that your mail is addressed, may prove you actually live at that address, but it is not proof you are a legal tenant. Also, the best proof of your residency are utility bills.

NOTE: it is important that you are able to prove residency. In your circumstance, the LL could call the police and claim you are a squatter or intruder. This is what I would reccommend as a first step, before eviction proceedings. So, if the cops show up, just whip out the utility bills in your name.

What you can attempt to do is to establish tenancy. You can attempt this by tendering a check in your name for the rent. If the LL accepts the check, then you are on your way. Continue tendering checks, the longer your checks are accepted the better your circumstance.

If yours is a large building, managed by a company with other large buildings, then its likely they have a streamlined operation to receive and deposit rent checks. Normally, they aren't to big on 'details'. As long as they receive a check, in the correct amount, for the commensurate apartment, and it clears----its all they are concerned about. This is to their detriment in situations like yours.

Legally, once a LL accepts a check he is legally accepting the author as tenant.

So, if the LL's office isn't aware of the death, there's a good chance your check will slip by. Even if they are aware it may still slip by. This could go on indefinitely.

Tender the checks, wait for lease renewal, then ask that the lease be put in your name. In the meantime, I would not do anything that might rock the boat, like getting a new roommate. Wait until the lease issue is resolved.

Or, you could continue tendering checks until an issue arises, which might not.

I STRONGLY suggest you 'consult' a L&T atty re the above strategy.

The alternative is simply to ask for a lease in your name, after advising of the tenant's death. The LL will likely ask for an increase. How much will depend on the LL and the circumstance of the stabilized apartment.

It may be that the apartment is eligible to be brought to market rent, then continue as stabilized. In this case, if you can afford the rent, then it is likely the LL will offer you the apartment, but you may have to be vetted just as any other tenant. If you don't have the income nor credit history, the LL may refuse.

A second scenario, is that if the apartment is unrenovated, the LL may wish to gut renovate and obviously you w/need to vacate. In which case the LL may not wish to offer you a lease at this time. LLs often like to update an apartment as they can get additional rent increases for doing so.

To answer your questions directly,

1. Yes. As previously mentioned, through legal eviction proceedings.

2. I am not aware of any provision protecting subtenants (in your circumstance).

NOTE: you are a subtenant, not a 'roommate'.

Consequently, you are not entitled to continued residency, but I would imagine the LL would give you a reasonable amount of time to vacate, as long as you are open, agree to pay the FULL rent, and to vacate by an agreed date. 3 months should be a fair period to request. The LL will likely ask that you agree in writing, and to relinquish any tenancy claims.

3. No.

4. If, they allow you to stay for a specified period, you can negotiate the rent, specifically if you cannot afford the full rent. The LL will likely be relatively agreeable, as long as you agree to vacate by an agreed date, relinquish any claims to tenancy, and will sign to it.

By being willing to vacate and to sign to it, the LL will likely be rather flexible, to avoid a court hassle. This is your bargining chip, and a good reason to consult an L&T atty. An atty's letterhead (on a letter of agreement) sends a message that you are prepared to fight. It may make the LL a little more amenable. Worth the $200 or so it may cost.

5. No. Though if they do, the rent will be raised to market rate, thereafter the increases will be at the rent stabilized limit. Of course, be wary of the $2000 limit. If the new rent is legally at that amount or more, the apt can be removed from stabilization. How much is the present rent?

[wizardofmoz]

It's NYC, so an eviction will take forever. Contact a tenants rights organization. My money says he'll want you out asap if it's a better deal for him, but will let you finish out the lease if you promise to move when it's up (easier and cheaper for him than an eviction).

In the end, in NYC, it's a matter of what the apartment is worth. The issue isn't whether or not you can stay (you've lived there for eight years and paid your share without being a nuisance, I assume); the issue is whether or not you get to stay at the stabilized rate. If the current rent is $1000 due to years of rent control, but could go for $2000 now, then the landlord will want you to pay the $2000 or leave. If you can legally prove you were in an emotional relationship with your deceased roommate, you'll get to stay at the reduced rate. If not, then pay the higher amount or leave.

Does that make sense? Think of it from the landlord's perspective. He wants more money, obviously. If you don't qualify for the old rent-controlled amount, but say you'll pay fair current market rent, he'll be happy to let you stay. Nice, quiet tenants are harder to find than you'd think.

Your name on the lease would be convenient, but isn't necessary. You can show old tax returns, W-2 forms, or mail to prove your address. Your bank can provide a letter (for free) stating that you've listed that residence as your address for XX years. But I recommend doing what another poster said, and putting the utilities in your name, using your checks to pay rent, etc.

On an unlawful note, I've seen situations where the legal tenant has been vacant for years. People sublease their stabilized apartments when they retire quite often. Legal tenant pays $500 a month, then charges subleaser $1000 a month, for an apartment worth $2000 a month on today's market. Not to be crass, but if nobody in building management knows he's dead, you could easily go on living like he's still alive (so long as you can pay the rent yourself). When the lease comes up for renewal, that's when it will get interesting, since you can't mail him the lease to sign.

[loribell38]

Being that this is a 4 year old thread..

[silverbullnyc]

Originally Posted by loribell38

Being that this is a 4 year old thread..

LOL, i was thinking the same thing.