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New York State law protects the right of tenants in privately-owned buildings to have a roommate under certain conditions. If those conditions are met, tenants do not need the permission of the landlord to have an additional occupant, and are legally allowed to have a roommate even if their lease prohibits it.
New York law (RPL 235-f) allows a tenant of any private residential apartment to share their apartment with their immediate family members, one additional occupant and any dependent children of that occupant so long as the apartment is the tenant's primary residence, so long as there is only one tenant on the lease.
A Roommate Agreement is a written contract between roommates that outlines their rights and obligations while living together. This agreement includes house rules, maintenance duties, restricted behaviors, and more. For a Roommate Agreement to be useful, everyone sharing the household must agree to it.
As of Q3 2024, the average roommate rent in New York City is $1,540 per month.
When only one tenant is named on a lease, the tenant has the right to take in a roommate and the roommate's dependent children. When two or more tenants are named on the lease, the number of tenants and roommates cannot exceed the number of tenants named in the lease.
Understanding the Legal Implications And in this case, it means you're both on the hook for the entire rent payment, not just your share. So, even if your ex-roommate skips town, you're still legally responsible for the full rent unless you take some action.
When only one tenant is named on a lease, the tenant has the right to take in a roommate and the roommate's dependent children. When two or more tenants are named on the lease, the number of tenants and roommates cannot exceed the number of tenants named in the lease.
So if you want them out, since they have been there less than a year, you can give them a written 30 day notice to vacate. If they don't move out, then you can file a formal court eviction case in the local Housing Court to evict them.
Do leases in NY need to be notarized? No, lease agreements do not need to be notarized in New York. As leases are considered similar to standard contracts valid in the state, notarization is not required.