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Posted by Willard on June 14, 1999 at 13:31:51:

In Reply to: Roommate abandons apt. posted by Nicole on June 14, 1999 at 11:41:34:

Yes but since your name is on the lease you can take the new roommate in as just exactly that "a new roomate". Remember though that roommates can be a risk and a pain. So draw a basic roommate agreement.

A snippet of the Attorney General of NY's take on your situation:
When the lease names more than one tenant, these tenants may share their apartment with
immediate family, and if one of the tenants named in the lease moves out, that tenant may be
replaced with another occupant and the dependent children of the occupant. At least one of
the tenants named in the lease or that tenant's spouse must occupy the shared apartment as
his or her primary residence.

Will

: I live in a terrific, but pricey two-bedroom in Manhattan and my roommate has abandoned the apartment. Most of his belongings are gone, he no longer pays rent and, since I've had the locks changed, he no longer has a key. The problem is his name is still on the lease and he refuses to sign the paperwork to get himself taken off. I have even had a lawyer send him a letter telling him he must pay his half of the rent or his credit will be in jeopardy, but he will not respond. I have another 6 months on the lease & can't afford the apt. on my own. Furthermore, I now have someone interested in moving in, but I know I can not put this new person on the lease or sublease without taking my previous roommate off. I'm contemplating simply having the new roommate move in and pay me directly for the duration of the lease, but I know this is a risky option.

: Do I have any legitimate options to resolving this dilemma? Any information would be greatly appreciated!

: Thanks!
: Nicole

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Comments:
: Yes but since your name is on the lease you can take the new roommate in as just exactly that "a new roomate".  Remember though that roommates can be a risk and a pain.  So draw a basic roommate agreement.

: A snippet of the Attorney General of NY's take on your situation:
: When the lease names more than one tenant, these tenants may share their apartment with
: immediate family, and if one of the tenants named in the lease moves out, that tenant may be
: replaced with another occupant and the dependent children of the occupant. At least one of
: the tenants named in the lease or that tenant's spouse must occupy the shared apartment as
: his or her primary residence.


: Will

: 
: : I live in a terrific, but pricey two-bedroom in Manhattan and my roommate has abandoned the apartment. Most of his belongings are gone, he no longer pays rent and, since I've had the locks changed, he no longer has a key. The problem is his name is still on the lease and he refuses to sign the paperwork to get himself taken off. I have even had a lawyer send him a letter telling him he must pay his half of the rent or his credit will be in jeopardy, but he will not respond. I have another 6 months on the lease & can't afford the apt. on my own. Furthermore, I now have someone interested in moving in, but I know I can not put this new person on the lease or sublease without taking my previous roommate off. I'm contemplating simply having the new roommate move in and pay me directly for the duration of the lease, but I know this is a risky option.

: : Do I have any legitimate options to resolving this dilemma? Any information would be greatly appreciated!

: : Thanks!
: : Nicole 


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