Need Advice About Sharing an Apartment Lease With a Roomate in NYC USA

[George]

I need to move by the end of the month to the only thing that I can currently afford, a room in someone else's apartment in New York City, USA. I have never done this before, so I need some advice from those who have. I have a number of rooms that I will view today, but judging from the one i saw yesterday (was the wrong size and not at all as described), this search is going to be more complicated than I realized.  

Are there important things that I need to do/avoid when looking?

Once I move in, what are my rights? Can I legally be kicked out at any time? Should I draw up a written agreement with the leaseholder? What important points need to be on the agreement? Should it be notarized?

Sorry about all the questions, but I figured that if some of you have been through this, you may have the answers for me thanks very much!

[hildegard]

I need to move by the end of the month to the only thing that I can currently afford, a room in someone else's apartment in New York City, USA. I have never done this before, so I need some advice from those who have. I have a number of rooms that I will view today, but judging from the one i saw yesterday (was the wrong size and not at all as described), this search is going to be more complicated than I realized. 

Are there important things that I need to do/avoid when looking?

Once I move in, what are my rights? Can I legally be kicked out at any time? Should I draw up a written agreement with the leaseholder? What important points need to be on the agreement? Should it be notarized?

Sorry about all the questions, but I figured that if some of you have been through this, you may have the answers for me thanks very much!

I think a written agreement with the leaseholder is a good idea. However, it's also important to know if the leaseholder can legally sub-lease to you; otherwise, the agreement directly with you may not hold.

If you can, you may want to consult a lawyer, although you may get some answers just be asking the leaseholder.

Other things to consider are whether you are the only sub-tenant or whether there are other tenants. If so, you may want to know something about them. Since you will be sharing services with the leasholder or others, such as kitchen, bathroom use, etc., how will such things be coordinated, etc. Will you and the leasholder be on more or less the same time schedule, for example, do you both have day jobs, etc. Is he or she a musician and will playing music be an issue. You should be bound by the same city and state laws as the leasholder, but...

Good luck!

[George]

Thanks Hildegard! 

I will be looking at three places today.

[hildegard]

Thanks Hildegard! 

I will be looking at three places today.

The following Website may have some helpful information, particularly the part on this page about "sharing" an apartment and legal definitions about a roommate. You're right in looking into all this; NYC can be such a rental nightmare.

http://www.tenant.net/phpBB2/viewtopic.php?t=4933

[Keemun]

You should definitely have a written agreement (sublease) with the tenant.  NY law will probably dictate the minimum requirements of a lease, but I would think that it needs to set forth the rent you will pay, the term of the lease (how long it will last, or month to month), the part of the apartment you are subleasing and your right to use common areas of the apartment (kitchen, bathroom, living room, etc.), and each person's responsibilities for maintenance and repairs.  But as Hildegard said, it is important to know if the tenant can even sublease a room to you.  If not, you may find yourself kicked out of the apartment.  Often leases prohibit subleasing, or require the landlord's permission first.  But I don't know what the law is in NY on subleasing.  You will want a copy of the original lease because if you sublease part of the apartment, you are probably binding yourself to the terms of that lease (again depending on NY law).  If you can't afford to consult an attorney, look for a legal aid organization that gives free legal advice, or do some research online to find reliable advice on renting in NY.  Good luck.   

[Dana]

      Print a copy of your Tenants Rights Guide (the link is a PDF), as presented by the NYS Attorney General, and have access to it all during your search AND tenancy. With that said, don't expect to have problems addressed unless your conditions qualify as being "unlivable."

[George]

The following Website may have some helpful information, particularly the part on this page about "sharing" an apartment and legal definitions about a roommate. You're right in looking into all this; NYC can be such a rental nightmare.

http://www.tenant.net/phpBB2/viewtopic.php?t=4933

Thanks very much, that site looks very helpful. I also found this on that site: http://www.tenant.net/phpBB2/viewtopic.php?p=40752&sid=838d14356f72f3151348f40def9a5669

Well, I went last night to get a second look at a two bedroom apartment in Astoria Queens. The apartment is a short bus ride away from where I work (15-20 minutes or so) and only about a 35 minute walk away from work. Nice, very quiet, safe neighborhood near dry cleaner/laundry, subway, supermarket, health food store, retaurants etc. Apartment is in the rear of a two family house on the second (top) floor. It was nice, with hardwood floors, recently remodeled bathroom and kitchen. Nice size common area with the kitchen in one corner a small living room in the other. Bedroom A is 10' x 9.5 feet with two windows, bedroom B is 9.5' x 8.5' with one window. After looking at it for the second time, I decided I wanted the apartment but was nervous about the $1500 rent and finding a roommate. I was able to quickly talk the landlord down to $1400, though, making me feel more at ease. While my girlfriend and I were deciding (she will not be living there), other people were viewing the apartment, so it looked like we needed to act fast. One of the guys who viewed the apartment was asking about the cost to rent a room, as he was looking for just one room. We met him and told him that I would likely be getting the apartment and would he like to share it, putting both names on the lease and splitting the rent and utilities down the middle. He said sure, and after talking to each other for awhile, we agreed that we would be good roommates. he didn't mind me taking the slightly bigger room with the extra window, either. So he and I will meet the landlord tonight to sign the lease and leave our share of the deposit ($700 each) for the apartment. Once that is done, the apartment will be ours and we will move in at the end of the month, since we both have leases that end on October 31st. I talked the landlord into giving us three days free rent at the end of the month, Thurs, Fri, Sat (29th through the 31st) to move in. That way it won't be too stressful to move. Needless to say, I am very, very excited and relieved to have found something so quick!  

[ChamberNut]

George, just move in with Bruce. 

[George]

George, just move in with Bruce. 

[Novi]

Hey, glad you got that sorted out and without much overlap.

[George]

Hey, glad you got that sorted out and without much overlap.

Thanks!

Yeah, I don't need to move in until I finish my current lease, so it's great all around. 

[Szykneij]

George, just move in with Bruce. 

But wouldn't living with the ax murderer be more fun?         0:)

[George]

But wouldn't living with the ax murderer be more fun?         0:)

Hopefully, I'll never know. 

[hildegard]

Needless to say, I am very, very excited and relieved to have found something so quick!  

Glad it's all falling into place so quickly. Best of luck! 

[Bogey]

We have an extra room in our finished basement, George....wait, never mind.

[bhodges]

George, just move in with Bruce.  

I suspect George would not appreciate trying to establish some kind of routine, maneuvering among the stacks of thousands of books and CDs.  

But wouldn't living with the ax murderer be more fun?       0:)

Oh I don't know, I may not be as exciting as people wielding axes, I suppose, but I'm pretty fun.    

Glad it worked out so quickly, George, which is quite unusual in this town!

--Bruce

[Bogey]

(Above) Bruce when he has lost his key and George is spinning his Anthology of the Royal Concertgebouw Orchestra without permission.

[George]

(Above) Bruce when he has lost his key and George is spinning his Anthology of the Royal Concertgebouw Orchestra without permission.

LMFAO!!!! 

[George]

Glad it worked out so quickly, George, which is quite unusual in this town!

--Bruce

Indeed.

My new roommate met me and the landlord tonight. He was on time.  We each paid our half of the security deposit and signed the lease. Then we made a copy of the lease for my roomate. Next week we can get the keys and can move in three days prior to Nov 1st, the start of our lease. 

I'm so excited!! 

[ChamberNut]

(Above) Bruce, after George has hogged the CD player with 5 hours straight solo piano music.