DoyleLonnegan
New Member
I am helping a friend, and we could use some advice on the best course of action to resolve a dispute. The situation is as follows:
1) She moved into and signed a lease with Cotenant on June 1, 2008. No previous relationship with the cotenant (found apartment on Craigslist).
2) Engaged in an increasing number of arguments and small disputes, and relationship became hostile by November 1, 2008.
3) My friend wanted to move out, and notified the cotenant that she would like to find someone to take her place on the lease. Cotenant agreed that it would be a good idea and best for both of them.
4) Many ads have been posted on Craigslist. More than dozen people have been seen the place, most of which financially "qualify" to take her place.
5) Under NYC Real Property Laws 226.b, Section 2b, Article VI, my friend needs "the written consent of any cotenant or guarantor of the lease" in order to move forward. That being said, the cotenant has been very unreasonable in rejecting prospective new cotenants. She has stated personal reasons or general "discomfort" with the candidates. Having heard numerous stories about the increasing hostility and met the cotenant in person, I can say that I think she is rejecting some of the candidates out of spite.
What can be done to remedy this situation? My friend is at the mercy of the cotentant, who has become hostile and spiteful. She recently found a new apartment and is no longer living with the cotenant regularly. On a recent visit, my friend found that there were lights left on, and the heat running at an excessive level, which of course she will be legally responsible for paying for (the utilities are billed by management as part of the rent).
I cannot seem to find any "Cotenant Rights" that would apply the same standards of reasonableness to cotenants that are applied to management. Do and such standards even exist? It would be difficult to construct the legal framework for any civil case without some precedence.
1) She moved into and signed a lease with Cotenant on June 1, 2008. No previous relationship with the cotenant (found apartment on Craigslist).
2) Engaged in an increasing number of arguments and small disputes, and relationship became hostile by November 1, 2008.
3) My friend wanted to move out, and notified the cotenant that she would like to find someone to take her place on the lease. Cotenant agreed that it would be a good idea and best for both of them.
4) Many ads have been posted on Craigslist. More than dozen people have been seen the place, most of which financially "qualify" to take her place.
5) Under NYC Real Property Laws 226.b, Section 2b, Article VI, my friend needs "the written consent of any cotenant or guarantor of the lease" in order to move forward. That being said, the cotenant has been very unreasonable in rejecting prospective new cotenants. She has stated personal reasons or general "discomfort" with the candidates. Having heard numerous stories about the increasing hostility and met the cotenant in person, I can say that I think she is rejecting some of the candidates out of spite.
What can be done to remedy this situation? My friend is at the mercy of the cotentant, who has become hostile and spiteful. She recently found a new apartment and is no longer living with the cotenant regularly. On a recent visit, my friend found that there were lights left on, and the heat running at an excessive level, which of course she will be legally responsible for paying for (the utilities are billed by management as part of the rent).
I cannot seem to find any "Cotenant Rights" that would apply the same standards of reasonableness to cotenants that are applied to management. Do and such standards even exist? It would be difficult to construct the legal framework for any civil case without some precedence.
