Sublease Issues for Apartment - No Contract/Not on lease

[DENSMI]

What is the name of your state? New York (New York City)

I have an issue with my roommate, and I need to confirm legality issues.

There was a fire, and we are now moving back into the apartment. She told me that she was going to be using the living room as her training area to train private clients. She told me we won't have traditional furniture in the living room, instead we will have work out equipment, and throw pillows with small tables. All personal stuff is to be in the bedroom and she expects me to pay extra money above half the rent. I'm livid because this was not the situation we agreed to when we moved in together, and she waited until after she knew I had a sublet for my current lease to tell me all of this.

Here are the questions:
1) Is she legally capable in NYC of charging me more than half the rent? I'm verifying a "no" I received from a friend who is a lawyer.

2) Without my consent, is she able to use the apartment for a personal "business" (aka training people)?

3) What rights do I have as a roommate without a contract with her and not as part of the original lease?

4) I was informed that my paying rent to her each month for 14 months with the memo of "Rent for [insert month]" sets up inferred residency and roommate status, thereby giving me "possession" of half of the apartment (as in, use of common areas and my bedroom). Is this true?

Thanks for any help.What is the name of your state?

 

[Indiana Filer]

If you have no written lease with the roommate nor with the landlord, you are a month to month tenant. Give her 30 days notice, and move out.

If your rent to her is due the first of the month, your 30 day notice has to be for a full month (1-30th).

 

[DENSMI]

Thanks for the response. That said, I know about giving the one month notice. I'm looking more for answers to the 4 questions listed regarding legalities, because ideally I don't plan on moving from the apartment.

 

[You Are Guilty]

1) Is she legally capable in NYC of charging me more than half the rent? I'm verifying a "no" I received from a friend who is a lawyer.

2) Without my consent, is she able to use the apartment for a personal "business" (aka training people)?

3) What rights do I have as a roommate without a contract with her and not as part of the original lease?

4) I was informed that my paying rent to her each month for 14 months with the memo of "Rent for [insert month]" sets up inferred residency and roommate status, thereby giving me "possession" of half of the apartment (as in, use of common areas and my bedroom). Is this true?

Here are the answers:

1) Of course she can, people are free to make whatever agreements they want. I'd seriously consider double checking to see if you friend graduated from a law school in this country.

2) She can use it for any purpose not prohibited by the lease or law.

3) As noted, you have the right to terminate your month to month tenancy upon one full month's notice. I strongly suggest you exercise it.

4) If you pay even a portion of the rent, you are entitled to use of the entire apartment. (Otherwise, what's to keep your roommate from saying that your payments are only for, say, the closets and the tub?)

 

[DENSMI]

Here are the answers:

1) Is she legally capable in NYC of charging me more than half the rent? I'm verifying a "no" I received from a friend who is a lawyer.

Here are the answers:
1) Of course she can, people are free to make whatever agreements they want. I'd seriously consider double checking to see if you friend graduated from a law school in this country.

Thanks to another person from this site, I found that you are incorrect in this claim, at least in regards to New York City housing law. I guess my friend did in fact go to Law School.

I was referred to an external source. The link is: http://tenant.net/Rent_Laws/rsc/rsctoc.html

"(b) The rental amount that a tenant may charge a person in occupancy pursuant to section 235-f of the Real Property Law shall not exceed such occupant's proportionate share of the legal regulated rent charged to and paid by the tenant for the subject housing accommodation....For the purposes of this subdivision, an occupant's proportionate share shall be determined by dividing the legal regulated rent by the total number of tenants named on the lease and the total number of occupants residing in the subject housing accommodation. " [ Rent Stabilization Code § 2525.7(b)]

That said, thanks for your response, even if it was incorrect. I felt the need to clear my friend's reputation, especially considering you threw in a comment that called into question his legal knowledge in a less than appropriate manner.

 

[You Are Guilty]

Interesting. I'll have to look a little further into the code, especially since it seems to suggest that landlords have no power to regulate "roommates", which is simply not correct (LL's can can exercise the same 'control' over roommates as they can tenants).

In the meantime, take a look at any roommate situation in Manhattan where there is only one person is on the lease. 90%+ of those people will be paying varying rents based on, among other things, who has the "big" bedroom, etc. That alone leads me to suspect there is an "out" for such a widespread practice. Unfortunately, I'm off for a vacation, so it'll have to wait.




PS: If you don't like my manner, you are entitled to a full refund of all monies paid for my response. I'd tell you where you can send your request, but I wouldn't want to be accused of harassment.