I have lived in a rent stabilized apartment in my name since 1991. My ex-girlfriend and our 9 year old son also live in the apartment. Since our relationship is over, we wish to live separately, but she is unable to move at present for financial reasons. I have found a small apartment that I can sublet without signing any kind of lease (suitable for me but not for her). My stabilized apartment would continue to be my primary residence in every way except that I would most likely spend somewhat less than 180 days/year actually sleeping there. Would the fact that my possessions and my son remain in the apartment protect me from a non-primary residence claim? Ultimately, I wish to keep the apartment for myself. Should I consider subletting the apartment to my ex for a period of time?
Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.