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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
landlord?

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:

• Re: Roommate laws Igor Oberman 2/18/97 (0)

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Comments:
: : 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 
: landlord?

: 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 :)



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