Legal Question in Real Estate Law in New York

Roommate Agreement

I am the sole lease holder of my apartment and am taking a roommate for the months of July and August. I have drawn a contract agreement stating the terms of the rental for those specific dates. Can the roommate refuse to leave after her term is up even if she signs an agreement to vacate after the end of August?

Also I'm wondering if there are legal guidelines as to what percentage of the rent I can charge her.


Asked on 6/23/00, 1:52 am

1 Answer from Attorneys

Philip Schnabel Schnabel Law Office

Re: Roommate Agreement

1st point to consider-does your lease allow you to sublet? If so, do you first need to obtain written approval from your Landlord? If your lease does not allow subletting, you could be in breach and face eviction. Second point- If you do sublet and the subleasee refuses to leave after the term expires, you would have to bring eviction proceedings against the subleasee after giving written notice to vacate. This entails the same procedures as if you were a Landlord litigating against a "holdover" tenant.

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Answered on 9/03/00, 9:36 pm


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