Google Search

TenantNet Forum Archives 1996-2002
Posting and Replies are disabled in all Archives
TenantNet Forum | TenantNet Forum Archives Index

Re: Roommate laws

Posted by TenantNet on January 29, 1997 at 12:10:22:

In Reply to: Roommate laws posted by Kristin Haas on January 29, 1997 at 11:45:23:

: If there are 2 names on a lease and one person decides to move out
and offers to find a roommate to fill his spot on the lease and the
landlord does not object, does the tenant staying in the apartment
have any rights to say who is allowed to move in if approved by the

Depends where you are and what the lease says. Some leases will hold
tenants "joint and severally liable" which means the owner can come
after one or the other or both tenants on certain issues. But what you're
asking is if you have the right of "assignment" to take over the lease.
In New York there is no such automatic right, but it could be created
by the lease. Of course, with the owner's permission assignment can
happen even if not provided for by the lease. As for your situation,
I honestly don't know. I would think it depends on how the owner
rented the unit to you. If both you and your roommate came into the lease
together, then I would think the roommate would have some rights in the matter.
But if the owner rents portions of apartments independently, i.e.,
creating instant roommates (this is done in some college situations),
then the roommate might not have as much a case to object. In essence,
if your lease creates a joint and several liability, you are asking this roommate
to create a new contract with someone else, the new roommate, who he
(for whatever reason) does not wish to enter into a contract with.
Not only must you consider the old lease that you were a party to, but any
new lease that is created. There are ramifications on both and as a party,
the old roommate would have some say.

This is just my observations and not an opinion based on any
particular legal knowledge :)

Follow Ups:

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 
Comments: Optional Link URL: Link Title: Optional Image URL:


TenantNet Home | TenantNet Forum | New York Tenant Information | Contact Us
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws |

Subscribe to our Mailing List!
Your Email      Full Name