Landlord Can Demand Guarantor for Renewal Lease

LVT Number: 16006

Landlord rented an apartment to rent-stabilized tenant. Tenant's initial lease was cosigned by a guarantor for tenant's rent. At some point, the guarantor said she could no longer perform this obligation. When the lease was up for renewal, landlord wanted tenant to provide another guarantor. Landlord asked the DHCR if this was proper. In an opinion letter, the DHCR said yes. A rent-stabilized lease must be renewed on the same terms and conditions as the initial lease. So landlord was entitled to require a guarantor on tenant's renewal lease.

Landlord rented an apartment to rent-stabilized tenant. Tenant's initial lease was cosigned by a guarantor for tenant's rent. At some point, the guarantor said she could no longer perform this obligation. When the lease was up for renewal, landlord wanted tenant to provide another guarantor. Landlord asked the DHCR if this was proper. In an opinion letter, the DHCR said yes. A rent-stabilized lease must be renewed on the same terms and conditions as the initial lease. So landlord was entitled to require a guarantor on tenant's renewal lease.

DHCR Opin. Ltr. by Charles Goldstein (5/21/02) [2-pg. doc.]

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