RENATTO: [Fredslist] Residential real estate "prenup"?

David Abeshouse davidlaw at optonline.net
Fri Jun 29 16:28:27 EDT 2012


 

And it's already time to declare "Renatto" (in well under an hour since
posting) - thanks very much for your prompt replies on a Friday afternoon
before a holiday week - what a bunch!! 

 

Best, 

 

David 

 

 

From: fredslist-bounces at gothamnetworking.com
[mailto:fredslist-bounces at gothamnetworking.com] On Behalf Of David Abeshouse
Sent: Friday, June 29, 2012 3:40 PM
To: Fred'sList
Subject: [Fredslist] Residential real estate "prenup"?

 

 

A friend just called with a legal question that's beyond my area of
practice, and I'd like to help him out. 

 

His son is renting his first apartment after college, and has signed a lease
in NYC together with his girlfriend.  My friend is concerned that the couple
could break up during the lease term, in which event he'd want it to be
clear that his son retains the right to remain in the apartment and the
girlfriend is the one who'd find space elsewhere.  

 

It turns out that they've already signed the lease.  

 

Ideally, he'd like some sort of modification to the lease, binding the
landlord, his son, and the girlfriend to the arrangement that the son stays
if they break up.  As a fall-back, would an agreement just between the son
and girlfriend work?  Is there a form available for either the three-party
lease modification or for the bilateral agreement? 

 

He'd prefer if this all could be resolved now, because it'd be more
difficult to address should a break-up occur.  They move into the apartment
soon.  

 

Any forms, links, suggestions, etc. would be appreciated, so I can forward
them to my friend. 

 

Thanks, 

 

David 

Gotham L.I.

 

David J. Abeshouse

Law Office of David Abeshouse 

626 RXR Plaza

Uniondale, New York 11556 

Ph: 516-229-2360 | Fax: 516-229-2361 

B2B Dispute Resolution 

Business Alternative Dispute Resolution (ADR) | Business Arbitrator/Mediator

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Adjunct Professor, St. John's University School of Law, teaching Alternative
Dispute Resolution Law

 

2012: Selected as Charter Member of NYAMA and member of its parent
organization, the National Academy of Distinguished Neutrals (NADN).  

 

Please click to view my NADN member profile:         Please click to view my
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 <http://www.nadn.org/david-abeshouse> http://www.nadn.org/david-abeshouse
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2012: Selected for membership as a Fellow of the College of Commercial
Arbitrators (CCA).  CCA membership is by invitation only.  There are fewer
than sixty CCA Fellows in New York State, and fewer than five on Long
Island.  See: http://www.thecca.net <http://www.thecca.net/>       

Selected to L.I. Pulse magazine's 2010, 2011, and 2012 Top Long Island Legal
Eagles: The Top-Rated Attorneys (category: Alternative Dispute
Resolution/Arbitration).  Selection criteria include independent lawyer peer
review ratings from the Martindale legal directory (A-V Preeminent/5.0 out
of 5.0 ranking).  

 

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