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.
Any roommate who is named as a tenant in the tenancy agreement is presumptively a tenant with rights and obligations under the Act; whether any roommate is a tenant or not is ultimately a legal determination that can only be made by a Residential Tenancy Branch arbitrator who will weigh the factors in favour and ...
A tenancy agreement may end when someone goes against one of its material terms Residential Tenancy Act: Section 45.3. If a landlord or tenant breaches a material term and the other party wants to end the tenancy, they must send a written warning to the party who breached the term.
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.
An “occupant/roommate” is a person who rents from a tenant with whom they live, rather than the landlord, and is therefore not covered under the Residential Tenancy Act. This type of living situation is common in shared houses where a “head-tenant” rents out bedrooms to roommates.
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.
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.
No dwelling unit shall be occupied by a greater number of persons than is permitted by this section. (1) Every person occupying an apartment in a class A or class B multiple dwelling or in a tenant-occupied apartment in a one- or two-family dwelling shall have a livable area of not less than eighty square feet.
(a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld.