Full question:
Myself and my husband have been living in a two bedroom rented apartment for the past four months, we signed the lease for period of one year. Recently my sister got a job in the city and wants to move in with us for a month. But my landlord is refusing to let her stay, saying that there was a clause in the lease agreement which prohibited outsiders from staying in the apartment for more than fifteen days. Will I violate the terms of the lease if my sister stays with us?
- Category: Abandoned Property
- Subcategory: Landlord Tenant
- Date:
- State: New York
Answer:
No, in New York, landlords cannot impose unreasonable restrictions on who can occupy a rented apartment. Tenants are allowed to have immediate family members stay with them. Any lease clause that prohibits immediate family members from staying is void and against public policy.
According to N.Y. Real Prop. Law § 235-f, landlords cannot limit occupancy to just the tenant or tenants. This means that if you have a lease, it allows occupancy by the tenant, their immediate family, and one additional occupant, as long as the tenant or their spouse lives there as their primary residence.
Furthermore, if your sister is considered an immediate family member, you can have her stay with you without violating the lease. However, you must inform the landlord of her name within thirty days of her moving in.
Any lease provision that tries to waive these rights is null and void, and tenants can seek legal action if they face violations of these rights.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.