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September 30, 2009
Adding to/Breaking lease
I just spoke with the woman who answers the phones for my building (I have no idea who she is and have never met or spoken to the owner--I rented the apartment through a rental agent), who is about as unfriendly as they come. She claims I cannot add anyone to my lease. And then she hung up on me! I'm about to resign for a second year, and my boyfriend is moving in, so obviously he'd like to be on the lease and have record of having lived there for his credit score, etc., but the receptionist claims it's policy that no one can be added to a lease. What if a single tenant gets married? I don't understand the policy. Has anyone ever heard of this kind of thing?
Also, assuming I sign this lease alone, my boyfriend and I might want to get out of there before the lease is up so that we can sign one together. What usually happens when you break a lease?
Comments
Your two paragraphs are inconsistent. Are you trying to break a lease and/or add someone??
Or is the lease actually up for renewal and you want to add someone? If the latter, just ask for a new lease and don't renew the old one, depending upon what it sounds like the jerks in the mgmt. company are going to say.
Posted by: daveinbedstuy at September 30, 2009 10:00 AM
It is legal to add another name to your lease. Anybody can be added as long as they live there. You can also have a person who lives with you not to be on the lease. It is OK also. It's legal.
Don't call that idiot woman anymore. You'll get frustrated.
When you break a lease landlord can keep your security deposit.
Posted by: Ysabelle at September 30, 2009 10:11 AM
1) If the rental is free market, the landlord doesn't have to add anybody to the lease if he doesn't want to.
2) If it's rent stabilized, I believe he does, but you should check housingnyc.com for specifics.
3) Being named on a lease doesn't effect your credit score. Nobody sees the lease but you and your landlord unless you end up in court.
3) You can't get out of the lease while it's in effect unless the lease specifically states you can.
Posted by: IronBalls at September 30, 2009 10:13 AM
As a LL, I don't take tenants w/ 2 unmarried people - I want one person responsible. Not sure what size bldg allows that but mine is small & it's legal to do it.
Posted by: Arkady at September 30, 2009 10:16 AM
If you sign a lease you are on the hook for rent for the full term of the lease. You may be able to sublet or find new tenants for the apartment to get out of the lease, but it all depends on the building/owner.
And I wouldn't be too worried about your boyfriend's name not being on the lease, especially if you're only planning to stay for another year. As far as I know rent payments don't how up on your credit report anyway and if he wants an official record of his address he can register to vote/pay taxes/etc. at the new address.
Posted by: fawn at September 30, 2009 10:19 AM
Unless you're married, the LL is not required to add a roommate's name to the lease. However, by law, you ARE allowed to have a roommate. Whether you want your boyfriend on the lease is not the LL's problem, nor a protected cause for breaking a lease.
Posted by: vinca at September 30, 2009 10:28 AM
you are allowed to have at least one unrelated additional person live with you for no additional rent and no questions asked.
Posted by: bitter_bubble_buyer at September 30, 2009 11:03 AM
My guess is that there are greencard issues associated with the boyfriend. That whole process requires a long residency paper trail; and having your name on the lease as a primary is to your advantage in this case.
Posted by: bowl of dicks at September 30, 2009 1:07 PM
Why are you asking the receptionist? Just get her to have the owner call you back or find out what the best way is to reach them. Stop engaging her about your situation. If she asks what you want to talk to the owner about, just vaguely say you have some questions for them. It's none of her business.
Posted by: liexpat at September 30, 2009 1:39 PM
Being on a lease does not affect a person's credit in anyway. Whether you're married or not, to my knowledge, a LL is not obligated to add anyone to a non stablilized lease. If they do, they will make your boyfriend apply and go through a credit check like anyone else. Ask to speak to a manager.
Posted by: Crownlfc at September 30, 2009 3:28 PM
He can legally live there without being on the lease.
Posted by: mopar at September 30, 2009 3:51 PM
If he really needs a paper trail, just formalize your deal with a sublease agreement between him and you and have him write his rent check to you every month.
Posted by: BKRed at September 30, 2009 4:01 PM
Actually, Arkady, it is illegal, unless this is a three family (or smallet) house, you live in one of the units, and you do not use a real estate agent in finding tenants. What IS legal however (and a good protection for you) is to require income of, say, 40x one month's rent from ONE tax return. This eliminates two roommates combining their incomes to pay the rent.
Posted by: babs at September 30, 2009 4:35 PM
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