I have been cashing a tenants partners rent checks – does the partner now have the right to succeed to the apartment?
Repeated cashing of rent checks over a long period of time may be found to be evidence that you accepted the partner s tenancy. In such case, the partner may have an argument that s/he has already been accepted as a tenant and that succession is a moot issue. Nonetheless, a live-in partner does not have an automatic right to succeed to the apartment simply because you have been cashing their rent checks. The question is whether your practice of accepting the checks demonstrates an intent to accept the tenancy. Assuming that the partner fails to show that you have already accepted their tenancy, to succeed to the apartment, the partner would have to provide substantial proof of emotional and financial interdependence with the tenant of record – as is true in all succession cases involving nontraditional family members. For further information on succession see our FAQ section on succession rights or contact DHCR at (718) 739-6400. To assess whether your acceptance of the rent checks hav
Related Questions
- Can a tenant in a rent regulated apartment take in a roommate and is there a limit on the rent that the roommate can be charged?
- What is so hard about an eviction? If my tenant does not pay the rent, I just go to court and have them thrown out, right?
- How to Perform Tenant Background Checks On Potential Apartment Tenant?
