What are the rights of co-tenant who is not on the lease?

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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 9 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.


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