Legal Question in Landlord & Tenant Law in New York

Occupancy Without a Lease

Three months ago I made an agreement with someone to share an apartment and pay part of the rent. The landlord was aware of this and gave his consent (written or verbal, I do not know). Two out of the three months I paid my roommate in cash, and last month I wrote him a check. The roommate would, in turn, write out a check to the landlord for the total rent. I also paid for part of the utilities (which are in the roommate�s name). Recently my roommate approached me, demanding that I move out within the course of two months. He claims that he negotiated a lease with the landlord (before I moved in). I was led to believe that I was a tenant, being that, originally, the roommate asked me to spell out my name so that he could �put it in the lease�. First of all, what is my legal status in the apartment: am I a tenant, occupant, guest, trespasser�? Secondly, what are my rights; can I be evicted? What legal action (if any) would you suggest? Thank You.


Asked on 11/01/04, 11:14 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Occupancy Without a Lease

Most likely you are a month-to-month subtenant of the tenant. In effect he is your landlord and as such must give you a month's notice before your tenancy ends. My analysis might be different if you have a signed lease with your roommate's landlord or if you gave his landlord money directly.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Read more
Answered on 11/01/04, 12:12 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New York