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Can the Blumberg T 186 lease really disallow a room mate

Rights for non-regulated tenants

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Can the Blumberg T 186 lease really disallow a room mate

Postby arcticranger » Mon Feb 01, 2010 1:14 pm

My lease states:

Tenant must not assign this lease or sublet all or part of the Apartment OR PERMIT ANY OTHER PERSON TO USE THE APARTMENT.

I want a friend to share with me and have just read the Roommate Advice link by Lynn Armentrout:

http://www.tenant.net/alerts/articles/roommates.html

The T 186 clause seems to contradict the law she is citing.

I'd appreciate any clarification.
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Postby TenantNet » Mon Feb 01, 2010 2:01 pm

A lease can expand your rights, not diminish them. The roommate law trumps any lease. Note that assignment and subletting are different animals.
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thanks and one last thing

Postby arcticranger » Mon Feb 01, 2010 2:19 pm

appreciate the response.

As far as I know having one roommate doesn't fall under either the assignment or sublet category because only I will be on the lease. I believe I only have to notify the landlord of the new person's name within 30 days?

Do I need an attorney for something this simple?
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Postby TenantNet » Mon Feb 01, 2010 2:40 pm

If you anticipate problems, it might be good to notify the LL. Otherwise I would wait until they ask. They might get funny about someone they don't know having keys or if there's a nosy super.

The law is clear. You should not need an attorney for a simple roommate situation. The LL can't raise the rent for this (or charge additional fees) until time for lease renewal. If regulated, they can't charge more even then. And the LL cannot deny your having a roommate or who you choose. It does not matter what the relationship is. It can be a personal relationship or just two people sharing the rent. Does not matter. But don't gouge or overcharge the roommate as RS tenants have lost their apartments for that. Be fair and charge half. Put it all in writing so you and the roommate will be clear about things, cost of utilities, shared spaces and so on.
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