When can additional fees can be charged to a sub-tenant?

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When can additional fees can be charged to a sub-tenant?

My roommate is the leaseholder and we have a rental agreement between the 2 of us that states the rent amount and when it is due. Now I’m being asked to pay additional fees. Is that legal or all amounts due must be listed on the agreement?

Asked on October 18, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a written sublease agreement with your roommate you need to carefully read it in that its terms and conditions control the obligations owed to you by your roommate and vice versa in the absence of conflciting state law. If the agreement solely states the rental amount on a monthly basis and when it is due, then that is your obligation to your roommate as your "landlord".

You have no obligation to pay any addiitonal fees if you do not want to. The four corners of the written lease agreement that you signed control what you are obligated to pay with respect to the unit that you are occupying.

If you roommate starts to become somewhat difficult about the situation for more money from you, his or her conduct may be a violation of your written sublease allowing you to end it.

Good luck.


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