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.

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1 Lawyer Answer

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.

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