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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27262
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My husband (gay Marriage) passed away last year. When I

Customer Question

My husband (gay Marriage) passed away last year. When I received my lease renewal for our rent controlled apartment, I asked the landlord to remove his name from the lease.
I receive my new lease (my name only) as well as a check returning the security deposit.
What should I do with the check? return it?
Submitted: 9 months ago.
Category: Legal
Expert:  LegalKnowledge replied 9 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 9 months ago.

Is the landlord going to allow you to hold the lease solely in your name? Did the landlord ask for a new deposit?

Customer: replied 9 months ago.
my name only.
the landlord did not ask for a new deposit
Expert:  LegalKnowledge replied 9 months ago.

Thank you and please allow me a moment to respond

Expert:  LegalKnowledge replied 9 months ago.

First, I am sorry to hear about your loss. Second and as I am sure you are aware, for an apartment to be under rent control, the tenant (or their lawful successor such as a family member, spouse, or adult lifetime partner) must have been living in that apartment continuously since before July 1, 1971. As such, if this applies to you, a new security deposit should be provided to the landlord, when you return the signed lease. Since yous husband has passed and he is no longer on the lease and it is solely in your name, the landlord returned the old deposit and should simply request a new one, issues solely by you. In the lease, it should state and advise of the same but if it is silent and the landlord is not asking for one, then you can just return the lease and continue to pay the rent, according to it. A new check can be issued, solely by you, since you are only on the lease at this time.

Expert:  LegalKnowledge replied 9 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LegalKnowledge replied 9 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!