Everett, MA asked in Contracts and Landlord - Tenant for New York

Q: I don't agree with the new co-tenant chosen by my landlord and want to break my lease.

I am on a one year lease with my current apartment and am renting one of the three bedrooms. It was an all female apartment earlier. One of my co-tenants recently moved out and my landlord wants to bring in a male to replace her. I have never lived with a guy before and am not comfortable with this situation of sharing common areas like restrooms as well. This was totally sudden and despite me voicing out my concerns, my landlord isn't ready to rethink this decision quoting that she needs money to pay for her mortgage. I am just wondering if there's a tenant right that might help me to break my lease quoting disagreement and move out. Any help on this would be much appreciated.

Thanks in advance.

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2 Lawyer Answers
Elaine Shay
Elaine Shay
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: In NYC, except for limited number of remaining SROs, landlords are not permitted to rent out individual rooms in an apartment to different tenants. Instead a landlord may rent an apartment to tenant or co-tenants that work out their own arrangements regarding the sharing of the space.... the landlord has no role in this.

Bruce Alexander Minnick agrees with this answer

1 user found this answer helpful

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL

A: Although I have not read your written lease (which you should do immediately), I can make the argument that this unanticipated unwanted major change in lease terms violated your general rights to enjoy all the amenities bargained for when you and the landlord entered into the written lease. By way of extreme example--just to make my point--IMO the landlord could not lawfully rent the vacant third bedroom to a family of four goats just because she need money to pay the mortgage.

2 users found this answer helpful

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