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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 28062
Experience:  JA Mentor
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A friend of mine e has paid up my back rent and is now

Customer Question

A friend of mine e has paid up my back rent and is now living in my apartment in nycha can she stay if I decide not to come back to apt, what can she do to have apt permanenly.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Is this a rent-controlled property? Is the landlord aware that your friend is staying there?

Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
The landlord does not know
Expert:  Lucy, Esq. replied 1 year ago.
New York law allows a person living in an apartment to have a roommate without the landlord's consent. So, if you were also living there, your friend would be allowed to stay without any issues. You could just tell the landlord that you wanted to add your friend to the lease.
If you want to move out, then the three of you would have to sign a new lease that says your friend will be responsible on the lease and you won't. That way, you won't have to pay rent if something goes wrong and your friend winds up unable to make payments.
Alternatively, look at your lease to see if it allows you to sublet. If so, and the property is not rent-controlled, you can just write up an agreement that your friend is going to live there and pay rent and you're not.

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