What are the rights of co-tenant who is not on the lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are the rights of co-tenant who is not on the lease?
I am not on a lease but have lived in the apartment for 1 1/2 years. I pay rent on time and directly to the landlord. My roommate, who is on the lease, gave me a 30 day (via email) notice to move out as of the end of last month.
Asked on July 2, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is a written lease with the landlord and you are not on it, you are effectively a subtenant of the tenant whose name is on the lease--a subtenant on an oral lease. (Even if the arrangment is that you pay directly to the landlord, rather than the tenant paying the full amount and you paying your share to her.) Oral leases create month to month tenancies; a month to month tenancy may be terminated on 30 days notice. Your roommate, who is the tenant on the lease and from whom you are leasing, may give you 30 days notice to leave.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.