Ithaca, NY asked in Contracts and Landlord - Tenant for New York

Q: is it legal to sublet to multiple tenants if the leasing contract didn't prohibit but require landlord's written consent

I live in a 2-bath,2-bed apartment. I have sublet to one tenants and consider future one for the last 2 months which doesn't violate the contract I signed with the apartment. However, the apartment unreasonably reject for the second sublet process. Also, can my roommate refuse to sign the agreement without specific reasons such as she doesn't like another like at home even we did the credit check. Do my roommate have the rights to terminate my agreement w/o specific reasons? I never stop paying the rent even though I moved out.

Related Topics:
1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Generally, a sublease is not for a room but for the entire apartment in NYC. You already have a Roommate that is now a breach of lease since a Roommate is not a lawful occupant of an apartment when the tenant does not live there with the Roommate.

A 'Roommate' has no legal status or relationship to the tenancy and lease.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.