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I live in a rent stabalized apartment in which I am the occupant and my father is the Tenant. My father is retired but has been living in florida for 8 years. I have been living in the apartment and paying the rent. We also have the same name. I never transferred the apartment under my name because I have a Bankruptcy and I owe 36,0000 in student loans. Can I be denied a Lease succession?
Submitted: 405 days and 3 hours ago.
Category: Real Estate Law
Value: $40
Status: AWAITING CUSTOMER ACTION
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Optional Information
Bronx, New York
Already Tried:
Nothing.
Posted by
J D Haas
405 days and 3 hours ago.
Answer
Yes. I am not sure that you will be denied a lease succession, but under the facts that you have given you may legally be denied a lease succession. I am sorry that my information was not more positive.
I hope that I have helped you and answered all of your questions. If
I have not answered all of your questions, please ask more questions.
If you would like to direct a question specifically to me, please ask
for me in the body of the question and I will receive your question.
I would really appreciate that opportunity.
Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area because I do not have
access to all of the information and evidence that you can show to a
local lawyer. The only way that I am legally responsible for your
legal rights is if you have signed a written retainer agreement with
my law firm.
405 days and 2 hours ago.
Reply
So the lease succession Law in New York goes out the window? I couldn't find anthing regarding financial stability...it only says that it can be relative (a son). What if I paid my rent on time?
Answer
You have an argument that it is valid from father to son. They have an argument that the lease was fraudulent since the father has lived in Florida for the past 8 years. I cannot predict the outcome but you do have a valid argument regarding familial succession. Good luck.
I hope that I have helped you and answered all of your questions. If
I have not answered all of your questions, please ask more questions.
If you would like to direct a question specifically to me, please ask
for me in the body of the question and I will receive your question.
I would really appreciate that opportunity.
Please be aware that my answer is not legal advice,
it is merely information. For a specific answer to your unique
facts you need to contact a lawyer in your area because I do not have
access to all of the information and evidence that you can show to a
local lawyer. The only way that I am legally responsible for your
legal rights is if you have signed a written retainer agreement with
my law firm.
Expert:
J D Haas
Pos. Feedback:
98.7 %
Accepts:
308
Answered:
2/10/2009
Lawyer
23 years of real estate trial law experience.
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