Is it still considered subleting if the person is a relative staying rent free?
03/11/2009 - Landlord Tenant - State: NY #15549
Is it considered a sublet if the subtenant is a family member living in the apartment alone and rent free?
It will be a matter of determination for the court, based on all the facts and circumstances involved. Some of the factors that may be considered, among others, include whether you paid rent to the other tenants or had an agreement to pay rent directly to the landlord, and the terms contained in the lease. For example, the lease may state that any individual named on the lease is jointly and severally liable. Even without such a statement, a court may find that joint and several liability exists, so that any one person could be liable for the full amount and need to seek contribution from the others in a separate action. In the case oforal agreements, it is often one person's word against the other's.
Generally, where the roommate is not named and has not signed the lease, the roommate is considered a subtenant and pays his/her portion of the rent to the named tenant on the lease, who is responsible for the full amount of the rent to the landlord.
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03/11/2009 - Category: Landlord Tenant - State: NY #15549
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