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Old 08-01-2017, 07:27 PM
 
35 posts, read 29,428 times
Reputation: 20

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Hi, my mom has been renting a room to this guy for 4 and a half years now, we don't live there but i do have the cable bill going there in my name. We're trying to get this guy to leave the only problem is he's sorta like become an unofficial part of the family. He's done many chores for my mom and helped out my brother greatly during his struggle with ALS. Bottom line he is not a blood member of this family, and I just found out since he's been there over 2 years he may actually have succession rights? It's a rent stabilized apartment we'd like to get and rent out - and his name isn't even on the lease. I don't want to be too push because he last asked if he needed to contact a lawyer and I fear a lawyer will tell him about succession rights (He's never brought it up.)

Any ideas? This guy can't just sneak into this family and take over the apartment, there has to be a way - thx - O
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Old 08-02-2017, 02:34 AM
 
106,579 posts, read 108,713,667 times
Reputation: 80063
Succession rights in rent-stabilized and rent-controlled apartments | Metropolitan Council on Housing
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Old 08-02-2017, 02:53 AM
 
Location: Southern New Hampshire
10,049 posts, read 18,056,896 times
Reputation: 35831
Quote:
Originally Posted by kdugan85 View Post
Hi, my mom has been renting a room to this guy for 4 and a half years now, we don't live there but i do have the cable bill going there in my name. We're trying to get this guy to leave the only problem is he's sorta like become an unofficial part of the family. He's done many chores for my mom and helped out my brother greatly during his struggle with ALS. Bottom line he is not a blood member of this family, and I just found out since he's been there over 2 years he may actually have succession rights? It's a rent stabilized apartment we'd like to get and rent out - and his name isn't even on the lease. I don't want to be too push because he last asked if he needed to contact a lawyer and I fear a lawyer will tell him about succession rights (He's never brought it up.)

Any ideas? This guy can't just sneak into this family and take over the apartment, there has to be a way - thx - O
Wait, so you don't live there, but you've been subletting the place (illegally, it sounds like)? And this renter has become "like an unofficial part of the family" and has done lots of chores and "helped out [your] brother greatly during his struggles with ALS" -- but now you want to kick him out? And you characterize this as him sneaking into your family and taking over the apartment? Wow.

I hope he does get a lawyer.
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Old 08-02-2017, 07:43 AM
 
Location: Southern California
12,713 posts, read 15,520,307 times
Reputation: 35512
What a mess OP. Sounds like you might need a lawyer as he is probably going to get one.
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Old 08-02-2017, 08:15 AM
 
Location: Central Virginia
6,556 posts, read 8,381,935 times
Reputation: 18781
Quote:
Originally Posted by kdugan85 View Post
Hi, my mom has been renting a room to this guy for 4 and a half years now, we don't live there but i do have the cable bill going there in my name. We're trying to get this guy to leave the only problem is he's sorta like become an unofficial part of the family. He's done many chores for my mom and helped out my brother greatly during his struggle with ALS. Bottom line he is not a blood member of this family, and I just found out since he's been there over 2 years he may actually have succession rights? It's a rent stabilized apartment we'd like to get and rent out - and his name isn't even on the lease. I don't want to be too push because he last asked if he needed to contact a lawyer and I fear a lawyer will tell him about succession rights (He's never brought it up.)

Any ideas? This guy can't just sneak into this family and take over the apartment, there has to be a way - thx - O
This guy didn't "sneak" into your family. Y'all embraced him with open arms.
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Old 08-02-2017, 12:11 PM
 
35 posts, read 29,428 times
Reputation: 20
I didn't rent it to him, my mom did. He's not subletting - he's renting a room - my Mom rented it to him. I'm her son. This guy isn't as nice as he appears to be - there is something about him I don't like. I'm not looking to get ridiculed I am trying to find a solution - My mom isn't well and she gets worse every day - before she passes I want him out. Again he isn't on the lease, he simply has rented a room from my mom for 4 years. I would have helped my brother myself but he didn't even like me...my hands were tied.
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Old 08-02-2017, 12:15 PM
 
Location: Northern California
130,047 posts, read 12,072,794 times
Reputation: 39012
Quote:
Originally Posted by kdugan85 View Post
I didn't rent it to him, my mom did. He's not subletting - he's renting a room - my Mom rented it to him. I'm her son. This guy isn't as nice as he appears to be - there is something about him I don't like. I'm not looking to get ridiculed I am trying to find a solution - My mom isn't well and she gets worse every day - before she passes I want him out. Again he isn't on the lease, he simply has rented a room from my mom for 4 years. I would have helped my brother myself but he didn't even like me...my hands were tied.

Is he also helping out your Mom, as she is getting older? Seems liek he might be helping you out, if she cannot live alone.
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Old 08-02-2017, 12:20 PM
 
35 posts, read 29,428 times
Reputation: 20
Yeah he helps out, but she has an aid that visits 8 hours every day. And if he moves out I'll visit and check up on her a few times a week.
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Old 08-02-2017, 12:29 PM
 
Location: Central Virginia
6,556 posts, read 8,381,935 times
Reputation: 18781
Quote:
Originally Posted by kdugan85 View Post
I didn't rent it to him, my mom did. He's not subletting - he's renting a room - my Mom rented it to him. I'm her son. This guy isn't as nice as he appears to be - there is something about him I don't like. I'm not looking to get ridiculed I am trying to find a solution - My mom isn't well and she gets worse every day - before she passes I want him out. Again he isn't on the lease, he simply has rented a room from my mom for 4 years. I would have helped my brother myself but he didn't even like me...my hands were tied.
Yes, he is technically subletting from your mom. The above is the very definition of subletting. You need to be very careful about this because if your mother's lease prohibits subletting, she's at risk for losing her apartment.

Since he does not have a lease, he is considered a month-to-month tenant.

You will need to Google your local landlord/tenant laws (yes, your mom is technically his LL), and follow the law on getting a tenant to vacate. This will include how the notice is to be delivered (typically in writing), and how much notice your mom is required to give him (usually, 30-60 days).
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Old 08-02-2017, 12:32 PM
 
35 posts, read 29,428 times
Reputation: 20
I'm worried that if he goes to the rental office he'll ruin our chances of us getting the place, even if he moves out - none of us live there but I know my mom wants us to have it
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