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So if the tenant of record actually does occupy the apartment, Mr. Estis said, the landlord's eviction action will likely fail.
The landlord can request proof of marriage as well as proof of co-occupancy for two years before death or permanent departure of the tenant of record, Ms. Heiberger said.
"And the landlord will prevail in his illegal sublet case only if he can prove that the tenant of record no longer lives in the apartment and has sublet it to the letter writer".
Previously, on Aug. 12, the landlord had sent an eviction notice to Candela Prol, saying her right to be in the apartment had "terminated on the death of the tenant of record" -- her father.
If, however, the landlord prevails, and the tenant of record is found to have illegally sublet the apartment, the letter writer will not have any right to take over the lease, Mr. Estis said.
The landlord's lawyer claimed that the tenant of record by now would be 69 years old, and since Mr. Escoffier looks nowhere near that age, he must be an impostor and should be thrown out.
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Mail a "Notice of Belief of Abandonment" to the tenant's address of record if any possessions remain after 15 days.
Or eye-squinching tactics: a motion-activated videocamera employed by a tenant to record her comings and goings; a timer turning on lights and air-conditioning when a tenant is out of town; the hiring of life-penetrating private detectives.
The board's decision not to approve the double-digit increases urged by landlord groups reflected how much tenants, too, have been reeling because of record unemployment and a weak economy.
There were frequent changes of tenant, and the records of a sale "under distress for rent" in 1831 make sad reading; cows called Prettymaid, Spot and Daisy are among the livestock and equipment for sale.
In 1212, he was recorded as tenant of Astley Hall, the manor house for both Astley and Tyldesley, located just inside the Tyldesley township.
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