Renewing Lease Without Current Roommate

[nychickie]

My question involves landlord-tenant law in the State of: New York (NYC)

I live in a 4-bedroom apartment with 3 other roommates (let's say Roommates A, B, and C). Our lease (all 4 names are on it) ends at the end of July, 3 of us want to stay/renew the lease while Roommate C is moving out. None of us got along with Roommate A, so Roommate B and I want to stay in the apartment only if A moves out. If she stays, Roommate B and I are definitely moving out.

Roommate B and I have a friend who currently lives in another building with the same property manager, so they already know our friend (and knows they are responsible, rent-paying, trustworthy, etc) so we are hoping our friend can move in with us, and we will then try to find someone else to fill in the 4th room. We are hoping that since it makes sense for the landlord to worry only about filling 1 room, versus filling 3 rooms, that they will agree not to renew the lease with Roommate A.

I have a couple of questions:

• Can the landlord deny renewing the lease with one roommate, while renewing it with the other roommates?
• Is our logic viable, from the landlord's perspective? He is very business-like, so we think this would be a smart business decision for him.
• From a legal standpoint, when does the landlord have to inform Roommate A they will not be renewing the lease? We don't want to increase tension before absolutely necessary.

Thanks in advance for any help with this situation!

[Mr. Knowitall]

The landlord is under no obligation to renew the lease for any of you. You will have to ask your landlord if he is willing to rent to just two of you (I would expect that the answer is 'yes') and what he will do for you if your roommate refuses to move out (my guess is that he'll tell you that's not his problem) - you won't know until you ask.

I have no access to your lease, so I don't know what provisions it contains pertaining to renewal and notice of either renewal or non-renewal.

[daniel7]

Yeah I agree.