What Are Succession Rights And Who Qualifies For Occupying A Premises?
What Are Succession Rights?
Succession rights allow an individual or various individuals to become the tenant(s) of record on the said premises when the prior tenant of record permanently leaves by moving out or by passing away. The successor has all the same rights as the previous tenant.
A “successor” is defined as a person who succeeds another person’s position or title when something becomes outdated. An example of a successor is the following:
Sally the dog was owned by Max. Max was ill and unfortunately passed away. He left a legal document in writing that stated if he passed away that his sister Jassie will be the new owner of Max. Jassie was named as the Successor and owner of Sally the dog.
Death is not the only way someone can become a Successor of a position or title. A person can resign their position and train another individual to take over their position naming them as their Successor.
Who Is Entitled To Succession Rights?
This is broken up into two categories, Traditional and Immediate Family Members, such as Spouses, Children, Parents, Step-Children, Step-Parents, and siblings. Non-Traditional Family Members include Aunts, Uncles, Nieces, Nephews, Cousins, and Unmarried couples.
What Supporting Documents Can You Produce To Prove The Relationship Between Traditional Family Members?
- Birth Certificate
- The birth certificate of the tenant of record
- Marriage licenses
- Marriage/domestic partnership certificates
- Death certificate if the tenant of record has died
What Supporting Documents Can You Produce To Prove The Relationship Between Traditional Family Members?
- Financial and/or expense documents, such as shared joint bank account, shared household expenses such as rent or utility bills, shared a public assistance case, or owned property together
- Emotional connection- notarized affidavits from witnesses that knew both of you and that can attest you lived at the premises
- Legal Documents- Last Will and Testaments, Power of Attorney, Health Proxies, and/or any other document naming you the beneficiary of their assets
How Can You Prove An Emotional Connection?
- Show the longevity of your relationship
- Family photos
- Outings for special events and holidays
- Any shared responsibilities
What To Do If A Legal Action Is Commenced Against Me To Vacate The Premises?
- Don’t panic
- Contact an attorney or a landlord and tenant specialist
- Begin compiling supporting documents as mentioned herein
- Do not sign anything or provide anything to anyone from the Management office without consulting an attorney or legal professional
- continue to pay the rent or save your rent in escrow if management is refusing to take payments
DISCLAIMER: THIS FACT SHEET GIVES GENERAL INFORMATION TO EDUCATE THE GENERAL PUBLIC AND NYC RESIDENTS; IT IS NOT LEGAL ADVICE. WE ARE A PARALEGAL FIRM NOT A LAW FIRM OR ATTORNEYS.
