Posted by DK on September 02, 1999 at 22:47:16:
In Reply to: more on illegal rommate rights posted by Karla Stinger on September 02, 1999 at 14:35:43:
: Thank you for your response. I checked out the source you inticated but I couln't get a concrete answer. So I was wondering: What if I just give her 30 days notice? the premise under which I let her stay with me was that it was temporary and a favor. i never signed anything, there's no lease agreement between use.
The "Roommate Law" that Anna talks about is Real Property Law section 235-f which you can find on the tenant.net website. As Anna says, it is perfectly legal for you to have a roommate, even if the lease prohibits it.
Your first hurdle is to determine whether your roommate is a subtenant or a licensee. Different termination notices are required depending on which category applies.
The apartment is yours and she cannot become your co-tenant without written consent from both you and the landlord. But getting her out against her will is a big project and I have never seen anyone pull it off without good legal advice because there are so many technical issues. You'll eventually win, but only if you get the very complicated procedure just right.
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