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Posted by Igor Oberman on February 18, 1997 at 23:17:11:

In Reply to: Re: Roommate laws posted by TenantNet on January 29, 1997 at 12:10:22:

: : 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 :)

Your question is governed by Real Property Law section 226(b) subsection (2)(b)(vi).
In order for a co-tenant to recieve consent from the landlord a tenant must provide a
request that contains "the written consent of any co-tenant ...".

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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 :)

: 
: Your question is governed by Real Property Law section 226(b) subsection (2)(b)(vi).
: In order for a co-tenant to recieve consent from the landlord a tenant must provide a 
: request that contains "the written consent of any co-tenant ...".


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