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Seriously. If your mother's lease prohibits subletting then she is at risk of losing this apartment.
If you somehow convince this "unofficial part of the family" dude to move out and then go ahead and rent out the apartment for extra cash, then you will be at risk of losing the apartment.
I'd think the nice man that has been so helpful to your family members has a pretty damn good case.
he is NOT ENTITLED to the apartment. it is not his primary residence . end of story. it has zero to do with the fact he pays a bill. he must have lived there for 2 years as his primary . he did not .
What qualifies someone as a non-traditional family member eligible for succession rights?
Nontraditional family members who want to establish succession rights to an apartment must be able to prove emotional and financial commitment and interdependence with the primary tenant who moved or died.
The courts consider the following factors:
length of the relationship
sharing of expenses other than the rent and utilities
intermingling of finances—for example, sharing bank accounts that are regularly used by both people
engaging in family- type activities
formalization of legal obligations and responsibilities between the two parties (naming each other in wills, health proxies, living wills, etc.)
holding themselves out as family members through words or acts
regular performance of family functions (appearing at each others' family weddings, funerals, reunions, etc.)
any other pattern of behavior which shows tenants intended to create a long-term, emotionally committed relationship
So mathjak, why would you say for certain that he is not entitled if all/any of the above factors will be taken into consideration to determine succession rights?
But on the other hand, if subletting or taking in another person was not allowed then it could just make the whole issue nul and void because no one would get the apt because of that breach.
You have not met him, there is something about this guy I don't like. My mom says some weeks he's home during the day and goes out at night, not coming home till the morning. He also stutters a lot when he talks - he claims it's a side effect from the medication he is taking for depression but I don't buy it - I think he is taking drugs, just not the prescribed ones.
So mathjak, why would you say for certain that he is not entitled if all/any of the above factors will be taken into consideration to determine succession rights?
I *think* mathjak was stating that the OP/son is not entitled but I'm getting confused as well.
I went back and read this part
Quote:
According to the link Mathjak provided:
Roommates who are not in a family relationship with the prime tenant do not have succession rights, nor do subletters (legal or illegal), nor family members who are not living with the prime tenant.
Yes, all he says is he will look when he has time, some "project" is keeping him busy
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). Based on the link that you, yourself posted it states:
