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Posted by Mark Smith on October 11, 2000 at 09:01:17:

In Reply to: Occupancy fee? -Urgent- posted by Spliff on October 10, 2000 at 20:55:32:

Under New York state's roommate law [Real Property Law §235-f], you have the absolute right to substitute your girlfriend for yourself in the apartment, without paying a fee.

And no matter what the lease says, the landlord is not entitled to charge a fee if a tenant properly assigns a lease or sublets an apartment in accordance with Real Property Law §226-b.

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: I live in a 4 bedroom apartment house and all 4 of us are responsible for the rent collectively. I wanted to have my girlfriend occupy my room for the rest of the lease, and I would move out, but still pay for her rent. That way the total number of people living in the house would still be 4 people. It is written in the lease that the landlord could charge me for assigning or subletting etc. Can the landlord charge me for using my right to have and occupant if I'm not actually living there? Please answer ASAP because I have to get another place fast because we're not allowed to have cats here and I need to find another apartment to keep my cat in. Thanks.

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Comments:
: Under New York state's roommate law [Real Property Law §235-f], you have the absolute right to substitute your girlfriend for yourself in the apartment, without paying a fee.  

: And no matter what the lease says, the landlord is not entitled to charge a fee if a tenant properly assigns a lease or sublets an apartment in accordance with Real Property Law §226-b.  

: :
: : I live in a 4 bedroom apartment house and all 4 of us are responsible for the rent collectively.  I wanted to have my girlfriend occupy my room for the rest of the lease, and I would move out, but still pay for her rent.  That way the total number of people living in the house would still be 4 people.   It is written in the lease that the landlord could charge me for assigning or subletting etc.  Can the landlord charge me for using my right to have and occupant if I'm not actually living there?  Please answer ASAP because I have to get another place fast because we're not allowed to have cats here and I need to find another apartment to keep my cat in.   Thanks.


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