Ask Altagracia: My roommate moved out. Can I replace them with someone not on the lease?
- Landlords generally can’t restrict you to a tenant named on the lease
- Adding a roommate is a different process from replacing a leaseholder
If you’re unable to find a new roommate, assigning the lease to someone else is an option.
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My roommate moved out and I can’t afford to pay the full rent by myself. Can I get another roommate who is not on my lease?
In New York, you are entitled to have a roommate who is not on the lease to help split the rent. “Landlords generally cannot enforce a lease clause that limits occupancy only to the named tenant or the tenant’s immediate family,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords.
This means you can add or replace a roommate even if the landlord objects. “In most cases you have the right to share the apartment with immediate family, one additional occupant, and that occupant’s dependent children,” Pierre-Outerbridge said.
Under New York Property Law, you must give the landlord the name of your roommate within 30 days of your request or 30 days from the time they move in. Landlords are not entitled to more sensitive information such as social security numbers or employment information.
Assigning the lease to someone else
If you’re unable to find a new roommate, assigning the lease to someone else is an option. Assigning a lease means you are no longer responsible for paying the rent but you need to follow certain steps. Start by taking a look at the lease. “If you are thinking about a full replacement rather than just an added roommate, the analysis becomes more lease-specific,” Pierre-Outerbridge said.
The request sent to your landlord regarding assigning the lease must have specific information including the name and address of the new tenant. The landlord then has an opportunity to request more information. “There’s a strict timeline for the tenant and landlord to follow,” Pierre-Outerbridge said. “Landlords cannot unreasonably deny an assignment request but they can refuse the assignment if the potential new renter has poor credit,” she added.
Assigning a rent-stabilized lease involves a different process called succession, which requires landlord consent. This right is limited to family members of the lease holder. To succeed a relative in their rent-stabilized apartment, you have to have lived in the apartment with them for two years before they leave.
Another option is to simply break the lease if the rent burden is too much. Tenants in New York have a level of protection in lease break situations because the landlord has a duty to mitigate damages, meaning they must do everything possible to rent the apartment once you leave and reduce their own losses. You’d have to notify your landlord and ideally get a signed agreement allowing you to leave without being liable for further rent.
Subletting the apartment
Subletting is another option to consider. As the primary tenant, you are still responsible for all the lease obligations, including rent, and will be expected to return to the apartment for the remainder of the lease term.
To take steps to sublet your apartment you must notify the landlord in writing about your intent to sublet. “The landlord must then respond within 30 days and if they fail to get back to you it is considered consent,” Pierre-Outerbridge said. Landlords cannot unreasonably withhold consent to a sublet request. If they say no without a good reason, you can still sublet.
There are strict rules about subletting a rent-stabilized apartment and you are vulnerable to losing the lease if you overcharge a subtenant or if they stay too long. You can only sublet a rent-stabilized apartment for two out of the past four years. If you break this rule, the apartment may no longer be considered your primary residence and you will be vulnerable to eviction.
Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.
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