Bronx, NY asked in Landlord - Tenant for New York

Q: Am I violating my lease? Can I be evicted?

My boyfriend spends 4 or 5 nights out the week with me and then goes to his house for 3 or 4 nights. He does not live here, this isn’t his primary residence. Therefore, he’s not on my lease. In addition, my lease has no guest clause. There’s no specifications on how many nights a guest can spend. Am I violating my lease? Can I be evicted ?

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: If you are the only tenant on a lease in NYC, the law allows you to have one roommate even without your landlord's permission. This is commonly referred to as the roommate law. Therefore, even if your boyfriend lived with you it should not be a problem provided just you and he live in the apartment.

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