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Can One Co-Tenant Exclude Another from a Lease Renewal

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  • 08-11-2015, 07:02 AM
    jeeves79
    Can One Co-Tenant Exclude Another from a Lease Renewal
    My question involves landlord-tenant law in the State of: New York

    I have been occupying an apartment in New York for one year, with two co-tenants.

    One of my co-tenants and I have agreed to resign the lease, with a new co-tenant signing on as one roommate is moving out. We have agreed to this for months, and have informed the landlord of our intention to renew the lease.

    Last night, my co-tenant told me that it was possible someone other than me would sign the lease with her when it is renewed, in a few weeks.

    While I know that a landlord cannot force or prohibit an existing tenant from renewing their lease, can a co-tenant collude with a landlord to prevent me from renewing the lease? For example, if she were to tell the landlord that I was moving out and would not be resigning -- even thought I had not agreed to that and would be unable to move out -- would that be legal? I am not in a position to move out, and have a previous agreement with the landlord to resign the lease.

    I apologize for this oddly specific question and thank you for your help and advice.
  • 08-11-2015, 07:58 AM
    adjusterjack
    Re: Can One Co-Tenant Exclude Another from a Lease Renewal
    Quote:

    Quoting jeeves79
    View Post
    , can a co-tenant collude with a landlord to prevent me from renewing the lease? For example, if she were to tell the landlord that I was moving out and would not be resigning -- even thought I had not agreed to that and would be unable to move out -- would that be legal?

    No law against it.

    Might be a contract issue. Do you have a written contract with your co-tenants or is it just that all occupants sign one lease together?

    If the latter, then whoever gets to the landlord first - wins.
  • 08-11-2015, 08:15 AM
    HRinDEVON
    Re: Can One Co-Tenant Exclude Another from a Lease Renewal
    My impression is that NY is very tenant friendly ...and a bit odd. Bully power stands to win if you fail to exercise your standing as a tenant.

    From my experience a written promise of a tenant to resign a lease holds no water and does not vacate her rights to renew under the lease/law....unless there is more to your post.

    No law against taking sides .
    I think you need to put your interests up front and not make deals with co tenant you cannot control.
  • 08-11-2015, 08:32 AM
    jeeves79
    Re: Can One Co-Tenant Exclude Another from a Lease Renewal
    Thanks to both of you for your responses.

    Would you recommend that while I try to work things out with the con tenant, I reestablish my intentions with the landlord?

    Many thanks again.
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