Who has the right to take the lease in this case?

[fstep2]

My question involves real estate located in the State of: NY

There are 4 roommates leasing the apartment and it's time for lease renewal. We are unable to come to an agreement on the price and no longer want to live together. The question is how is it decided who has the right to the lease. Does it matter if 2 of the people are willing to stay together and the other 2 are fighting for it separately. In each scenario whoever takes the lease would obviously have to find people to take the other rooms. So how is it determined in the end?

 

[quincy]

Where did this fourth roommate come from, fstep? You just posted about your apartment sharing with two roommates (and an illegal wall)? (see https://forum.freeadvice.com/landlord-tenant-issues-42/would-considered-blackmail-597992.html)

The answer to this latest question:

With luck, who gets to stay and who will go is decided amicably by the four roommates after a discussion between them has led to a solution that satisfies all, and then the final decision on the lease renewal will be made by the landlord (who, if he learned of your previously pondered threat to expose him and the illegal wall, will probably choose not to have you as a tenant again).

 

[fstep2]

Where did this fourth roommate come from, fstep? You just posted about your apartment sharing with two roommates (and an illegal wall)? (see https://forum.freeadvice.com/landlord-tenant-issues-42/would-considered-blackmail-597992.html)

The answer to this latest question:

With luck, who gets to stay and who will go is decided amicably by the four roommates after a discussion between them has led to a solution that satisfies all, and then the final decision on the lease renewal will be made by the landlord (who, if he learned of your previously pondered threat to expose him and the illegal wall, will probably choose not to have you as a tenant again).

This is a different situation someone brought up when i was discussing the wall issue with them.

This is a huge company running a building with like 2300 residents, i don't think they're going to listen to each person's individual story right?

 

[quincy]

This is a different situation someone brought up when i was discussing the wall issue with them.

This is a huge company running a building with like 2300 residents, i don't think they're going to listen to each person's individual story right?

Did all four sign the lease?

 

[fstep2]

Did all four sign the lease?

Yes, everyone is on the lease.

 

[BL]

Yes, everyone is on the lease.

You need to either has it out by the date the lease renewal gives you to continue there or vacate ,or is there an automatic lease renewal clause?

If you can't work it out you should all give you notice timely and vacate.

No one individually has the right to the leased premises.

http://www.housingnyc.com/html/resources/attygenguide.html#1

Keep in mind.

After the notice of renewal is given, the tenant has 60 days in which to accept. If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings. If the tenant accepts the renewal offer, the landlord has 30 days to return the fully executed lease to the tenant. Until returned to the tenant, the lease is not effective, and therefore the rent increase portion need not be paid.

 

[fstep2]

Well we can't work it out but what's happening now is everyone wants to keep the place themselves and just find new people to take over the empty rooms so is there any way to determine who gets the place in the end?

 

[quincy]

Well we can't work it out but what's happening now is everyone wants to keep the place themselves and just find new people to take over the empty rooms so is there any way to determine who gets the place in the end?

The one who finds three other roommates first wins?

The one who can afford the apartment without finding three other roommates first wins?

Seriously, fstep, the roommates are just going to have to settle it on their own, sort of like adults. It does not appear that there is any law that is going to decide for them who stays and who goes, unless there is something in the lease that gives one the edge over the others.

Good luck.

 

[LdiJ]

Well we can't work it out but what's happening now is everyone wants to keep the place themselves and just find new people to take over the empty rooms so is there any way to determine who gets the place in the end?

Why should any of you care? If its a huge complex each one of you could simply sign a lease with the landlord for a different unit.