What is the difference between a sublet tenant and roommate?

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What is the difference between a sublet tenant and roommate?

The building has 3-units and is not under any rent controlled regulations. There is a lease in place that expires in 4 months. 3 out of 4 tenants moved out and landlord did not allow sublet. Remaining tenant wants to find “2 or 3 roommates” to take place of the tenants that moved out, in order to make rent. Can she do this without landlord consent?

Asked on July 26, 2012 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A person that rents a room from a person on the actual lease is a "sub tenant" in a "sublet" circumstance. You sign the lease as the "landlord" with the sub tenant.  This makes the sub tenant liable only to you and not your landlord.  What your landlord wants you to do here is to find a person who will sign a lease with THEM not you and make the tenant liable to the landlord directly. Please seek help here.  Good luck.


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