If Your Ex- Moves Out, Does She Have the Right to Move Back In

[Mrs.W315]

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

My issue is this: I have a friend who went to visit down south, his wife left him for some one else while they were there. He came back after a few months, and went back to the home they have leased. After he left, she changed her address to where she was living down there. After 8 months total (which only half had her legal address down there) she came back. Now, because she is on the lease the land lord says he has to evict them both out of the home, then do a new lease for just him. But only after all of his items are moved out of the house. He pays everything now. All the bills are in his name and he even pays everything for the children. And meanwhile, he is forced to stay somewhere else. When she changed her legal address to down there, does it not vacate her from the lease?

[Dogmatique]

Nope, not unless the landlord allowed her to terminate the lease. Until/unless that happened, she's still on the lease.