Legal Question in Real Estate Law in New York

Room mate lease agreement

How should you handle a room mate situation on a lease agreement should two parties sign or one on the rental agreement?


Asked on 10/02/04, 4:37 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Room mate lease agreement

Tough questions as there are 2 sides to this issue. Without the roomie on the lease, you have no proof of his/her responsibility to contribute to the rent payment. On the other hand, if you wind up not getting along, you are stuck for the balance of the lease. Plus, regardless of who is on the lease, if one does not pay, the other becomes responsible to the landlord anyway. What is the likelihood you might want to replace him/her or that he/she might leave before the lease is up? You lose the right to make him/her leave, and if he/she leaves you are responsible for the entire rent. I suggest, if you want to keep control of the lease, go on it yourself, but have something in writing between you to specify what monies must be paid by each of you, how disagreements are to be resolved and what you need to do if you want to replace the other party.

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Answered on 10/03/04, 12:16 pm


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