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Re: Roommate Law

Posted by New York Tenant on August 03, 2001 at 11:53:08:

In Reply to: Re: Lilly is correct; Gwen and - are wrong posted by Gwen on August 03, 2001 at 01:58:53:

Your sublease contains an invalid clause prohibitting a roommate. Unless a lease (or a sublease) gives greater rights, the sole party to a lease has the right to have his immediate family and ONE roommate, plus the dependent children of that roommate, occupy the premises.

See Real Property Law 235-f at

In your original message, you wrote that you were willing to allow the roommate to remain, if the sublessee signed a new sublease (at a higer rent?), with an increased deposit. This looks like "it's not the principle, it's the money."

You are now the landlord -- and the tenant -- of this apartment. If a sublessee doesn't move out at the end of a sublease, the sublessor will have to go to housing court to evict the sublessee, and/or the landlord may go to housing court to evict the tenant and the sublessee. These are the risks of being a landlord or a sublessor.

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