Results 1 to 2 of 2
  1. #1
    Join Date
    Dec 2017
    Posts
    1

    Question Can You Sublease a Room Without Your Roommates' Consent

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

    I live in a student housing apartment (not affiliated with the university) with two roommates. All three of us are subletting the apartment to different subtenants next semester with signed sublet agreement and landlord permission. Unbeknownst to my roommate and I, our 3rd roommate moved out early and found a sub-letter for the next month, during which we'll both still be living in the apartment. We never consented to this and know nothing about this man. We were given 2 days notice that he was moving in. He is not a university student though this is a student housing complex and my roommate and I would have been willing to live with a sublet who was a female student like us and who we had met in advance, but we are not comfortable with this arrangement. Furthermore, we weren't informed until the paperwork was signed and even our landlord didn't realize we hadn't been told. Aside from this being inconsiderate and shady, is this wrong from a legal standpoint? Our lease doesn't mention sub-letters at all, though we know from our landlord's word that she allows them. Is there any legal action we can take? I can only hope that the sublet will be a perfectly normal, nice guy, and if I had met him and felt comfortable, I probably would have given permission. But it seems like a terrible violation of privacy to give our apartment key to a stranger we haven't met or consented to live with. What can I do and what are my rights?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: My Roommate Sublet a Room in Our Apartment Without My Consent. What Are My Rights

    Your problem is that under the law each of you has the same right to sublet or assign your rights under the lease unless the lease agreement you have with the landlord prohibits that or you had an enforceable contract between the three of you that would have prevented that. My guess is that there isn’t anything in the lease nor any contract among the three of you that prohibits his assignment or sublet of his rights in the lease. In that case, the roommate’s sublet or assignment is probably enforceable and you may find you cannot prevent the new tenant from moving in.

    1. Sponsored Links
       

Similar Threads

  1. Moving Out: How to Sublease My Room Over the Objection of One Roommate
    By TTate in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-23-2010, 11:24 PM
  2. Roommates Allowed to Use My Room
    By Doddzi in forum Personal Property
    Replies: 1
    Last Post: 12-06-2008, 01:52 PM
  3. Roommates: Roommates Refusing to Approve Sublease
    By skimmilk in forum Landlord-Tenant Law
    Replies: 6
    Last Post: 10-18-2008, 09:32 PM
  4. Roommates: Roommates Won't Let Me Sublease but Landlord Will
    By Doddzi in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-30-2008, 02:59 PM
  5. Roommates: Roommates Won't Allow Sublease - Have to Pay Rent for 9 Months
    By Doddzi in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 09-29-2008, 01:47 PM
 
 
Sponsored Links

Legal Help, Information and Resources