tenant lease new-york-city
(NYC) What rights or responsibilities does a sub tenant have without a physical lease?
<p>Many people, especially in expensive cities like NYC, prefer to split rent costs of an apartment/basement with other people, in a situation where one person is signed on the actual lease with the landlord of the building, and (with the permission and agreement of the landlord) rents out a room or a bed within the apartment to other people, who pay the main tenant
(Using any method, even cash), without any official written sub lease agreement, just an honor system</p>
<p>The question is (two parts of the same question), first of all:</p>
<p>Is this legal, and if not, who is liable (again assuming the original land lord gives written permission or something similar)</p>
<p>And in any case, what are the &quot;unspoken&quot; rights and/or responsibilities of these sub tenants who have no legal contractual agreement?</p>
<p>If one of the other tenants violently attacks the other, or if there is another issue, ccan the other rightfully refuse to pay rent to the main tenant? Can a sub tenant move out unexpectedly, or would he be liable for back payment</p>
<p>(In this case assuming there's some kind of &quot;proof of residency&quot;, like a letter from the landlord saying that this person is a sub tenant, but just without a lease itself)</p>

<h2>What you describe is not a subtenant</h2>
<p>A subtenant is a person to whom you sublet your leased premises while you don’t live there. What you are describing is a roommate.</p>
<p>In New York State, if you are the only tenant on the lease in a privately owned building you are entitled to have a <a href="https://www.nycbar.org/get-legal-help/article/landlord-tenant/subleases-and-roommates/" rel="nofollow noreferrer">roommate</a> without needing the landlord’s permission subject to overcrowding laws - you must have at least 80 sq. Feet per person. If the lease says you can’t then that provision is void but you must inform your landlord of the name of the roommate within 30 days.</p>
<p>A <a href="https://www.outerbridgelaw.com/blog/understanding-roommate-rights-in-nyc/" rel="nofollow noreferrer">roommate</a> cannot be evicted by the primary tenant without legal action if any of the following apply:</p>
<ul>
<li>They have lived there for more than 30 days</li>
<li>There is a written roommate agreement</li>
<li>They have paid rent to the primary tenant.</li>
</ul>
<p>A roommate can enforce the lease vis-a-vis the landlord as if they were the primary tenant.</p>
<p>A roommate without a written agreement is on a 30-day lease: either party may change or end the agreement with 30-days notice.</p>
<blockquote>
<p>If one of the other tenants violently attacks the other, or if there is another issue, ccan the other rightfully refuse to pay rent to the main tenant? Can a sub tenant move out unexpectedly, or would he be liable for back payment</p>
</blockquote>
<p>Such behaviour, as well as being potentially criminal, may be a breach of contract. Whether that gives one party the right to terminate the agreement without notice is complicated.</p>
