Roommate Agreement in New York

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What New York law says

Roommate not on the lease	Under New York's 'Roommate Law', a person who lives in the unit with the tenant's consent but is not on the lease (and is not the tenant's immediate family) is an 'occupant', not a tenant. A tenant on a single-person lease may share the unit with immediate family, one additional occupant, and that occupant's dependent children; on a multi-tenant lease, tenants plus occupants (not counting occupants' dependent children) may not exceed the number of tenants on the lease. The tenant must tell the landlord the occupant's name within 30 days after move-in or after the landlord asks. An occupant gets no right to stay if the tenant leaves, and no other tenancy rights, without the landlord's express written permission. The tenant or the tenant's spouse must use the unit as a primary residence. Source: N.Y. Real Prop. Law § 235-f
Removing a roommate or subtenant	A roommate who is a licensee of the tenant (living there with permission but with no landlord-tenant relationship) can be removed by a summary proceeding in court after a 10-day notice to quit, once the license expires or is revoked. A roommate who is a subtenant paying rent to the tenant is a tenant of the tenant and is removed through the landlord-tenant procedures. Either way, an occupant who has lawfully lived in the unit for 30 consecutive days or longer cannot be locked out, have belongings removed, or be forced out without a court order; doing so is unlawful eviction, a class A misdemeanor with civil penalties of $1,000 to $10,000 per violation. Unlawful eviction: https://www.nysenate.gov/legislation/laws/RPA/768. Whether a roommate is a licensee or a subtenant depends on the facts. Source: RPAPL §§ 711, 713(7), 768

Roommate not on the lease

Under New York's 'Roommate Law', a person who lives in the unit with the tenant's consent but is not on the lease (and is not the tenant's immediate family) is an 'occupant', not a tenant. A tenant on a single-person lease may share the unit with immediate family, one additional occupant, and that occupant's dependent children; on a multi-tenant lease, tenants plus occupants (not counting occupants' dependent children) may not exceed the number of tenants on the lease. The tenant must tell the landlord the occupant's name within 30 days after move-in or after the landlord asks. An occupant gets no right to stay if the tenant leaves, and no other tenancy rights, without the landlord's express written permission.

The tenant or the tenant's spouse must use the unit as a primary residence.

Source: N.Y. Real Prop. Law § 235-f

Removing a roommate or subtenant

A roommate who is a licensee of the tenant (living there with permission but with no landlord-tenant relationship) can be removed by a summary proceeding in court after a 10-day notice to quit, once the license expires or is revoked. A roommate who is a subtenant paying rent to the tenant is a tenant of the tenant and is removed through the landlord-tenant procedures. Either way, an occupant who has lawfully lived in the unit for 30 consecutive days or longer cannot be locked out, have belongings removed, or be forced out without a court order; doing so is unlawful eviction, a class A misdemeanor with civil penalties of $1,000 to $10,000 per violation.

Unlawful eviction: https://www.nysenate.gov/legislation/laws/RPA/768. Whether a roommate is a licensee or a subtenant depends on the facts.

Source: RPAPL §§ 711, 713(7), 768

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · New York tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.