If my roommate and I re-sign out leasebut she moves out 6 months later to get married, can I legally rent out her room?

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If my roommate and I re-sign out leasebut she moves out 6 months later to get married, can I legally rent out her room?

Asked on January 7, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you can rent out the room of your roommate legally depends upon what the master lease that you, your roommate, and the landlord states. If your roommate who moves out of the rental allows you to do so, then you can. If your roommate continues paying the rental for her room on a monthly basis, you cannot do so.

However, if you are stuck having to pay the monthly rental on the unit you have where the former roommate is not contributing anything to the monthly rent, you can rent out her room.

I suggest that you, your former roommate and the landlord have a meeting about renting out the room you have written about, if there is an agreement made, have it memorialized in writing by you three.


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