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Every statute cited here was read in its published text before this page went live: on the state's own site where that site can be reached, otherwise on a republished copy of the code. Court decisions are quoted from the published opinion and linked to it, so you can read the original yourself.
Primary sourcesNot legal advice
Content verified against primary state statutes before publication Last updated: October 2026

Quick Summary - What You Need to Know

  • You may add one occupant plus their dependent children without landlord consent (RPL § 235-f).
  • Give the landlord the occupant's name within 30 days of move-in or of a landlord request.
  • A clause limiting occupancy to named tenants and immediate family is unenforceable as against public policy.
  • In a rent-stabilized NYC unit, a roommate may not be charged more than a proportionate share of the legal rent.
  • If you move out for good, your occupant has no right to stay without written landlord consent.

Understanding the Roommate Clause

30 days
Deadline to notify the landlord of a new roommate in New Y
In New York, N.Y. Real Prop. Law § 235-f lets you add one occupant plus that person's dependent children without your landlord's consent. Your duty is to give the landlord the occupant's name within 30 days of move-in, or within 30 days of a landlord request. A lease clause limiting occupancy to named tenants and their immediate family is unenforceable.

This page is for New York City renters who want a partner, friend or roommate to move in, or already have one, and need to know what the lease can stop and what they owe the landlord. Many leases say only the tenants named may live there.

New York's Roommate Law overrides that wording for one added occupant. The city adds a rent rule for stabilized apartments, and the protection ends when the named tenant moves out.

What renters assume

A lease that says only the named tenants may live there means you must ask the landlord before a partner moves in.

What is actually true

That clause is unenforceable in New York. Under RPL § 235-f, you may add one occupant without consent. You owe the landlord a notice with the person's name, not a request for permission.

New York and Seattle both show 30 days on this chart, but only New York's comes from state law - Seattle's is a municipal code that stops at the city line. Austin, Miami, and Phoenix read no statute, which leaves the lease in charge, and Florida has gone further by preempting Miami from writing its own rule.

Clause decoder

Roommate Clause Example - What the Wording Looks Like in New York City, NY

The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.

Real clause - quoted in a published court opinion

Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.

Below is the first sentence of an apartment lease's reimbursement paragraph, printed as the court printed it and stopping short of the rest.

REIMBURSEMENT. You must promptly reimburse us for loss, damage, or cost of repairs or service caused anywhere in the apartment community by your or any guest's or occupant's improper use or negligence. […]

Quoted from the published opinion in Churchill Forge, Inc. v. Brown, 61 S.W.3d 368 (Tex. 2001). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.

What the 4 highlighted phrases mean
1

“promptly”

The lease sets the pace for money and gives no number. New York gives a number, but for a different duty: 30 days to give the landlord the name of an occupant who has moved in, and 30 days from a landlord's request if they ask for it. Keep the two apart. Meeting the naming deadline protects your right to have the person there and does nothing about a reimbursement demand; paying a reimbursement demand does nothing about the naming deadline.

See the example
Send the name in writing and keep proof of when you sent it. That naming duty is the cheapest part of the state's roommate law to comply with and the easiest to lose an argument about later.
Tenant-favourable“Landlord shall itemise any claimed loss in writing within 30 days of discovering it”
What this lease said“promptly”
Landlord-favourable“Tenant shall pay on presentation; failure to pay within three days is a default”
2

“for loss, damage”

Rent and damage are separate pots, and New York City regulates only one of them. In a rent-stabilized unit a roommate may not be charged more than a proportionate share of the legal rent - the share is measured against the legal regulated rent, not against whatever a second bedroom would fetch on the open market. No rule in our New York record caps what a reimbursement paragraph like this one may seek, so the protection sits on the rent side and stops there.

Tenant-favourable“Each occupant's contribution shall not exceed a proportionate share of the legal regulated rent”
What this lease said“for loss, damage”
Landlord-favourable“Any additional occupant shall pay a market surcharge set by Landlord”
3

“apartment community”

The clause covers the whole property, and it is worth reading next to the limit New York puts on an occupant's position. The occupant you are entitled to bring in gains no right to remain once the named tenant permanently vacates, unless the landlord consents in writing. So the person can be there lawfully, their presence can cost you under this sentence, and they still hold nothing of their own in the apartment once you go.

See the example
If you are the occupant rather than the named tenant, that is the sentence to plan around. Ask to be added to the lease as a tenant while the named tenant is still in place, because after they leave, written landlord consent is the only thing standing between you and having to go.
Tenant-favourable“An additional occupant may be added to this Lease as a tenant on written request”
What this lease said“apartment community”
Landlord-favourable“No occupant acquires any tenancy right and must vacate with the named tenant”
4

“occupant's improper use”

New York's roommate law gives you a person you are entitled to have living there without asking permission; this paragraph routes that same person's conduct straight to your account. The statute and the lease are pulling in opposite directions on the identical set of people. Both survive: having the right to the roommate is not the same as being insulated from what the roommate does, and nothing in our New York record reaches that second question.

Tenant-favourable“Tenant is not liable for the acts of an occupant permitted by the Real Property Law”
What this lease said“occupant's improper use”
Landlord-favourable“Tenant indemnifies Landlord against all acts of any occupant, licensee or invitee”
What the court did with it

The co-signer's defence failed. JoAnn Brown signed an apartment lease as a cotenant with her adult son. He was alleged to have started a fire that damaged the complex, the landlord sued only her, and she argued she could not be charged for damage she had not caused. The Texas Supreme Court disagreed, reversed the summary judgment she had won and held this sentence enforceable against a cotenant who was not herself negligent. The route ran through two sections. Tex. Prop. Code § 92.052(b) gives a landlord no duty to repair damage caused by the tenant, an occupant or a guest, so § 92.006(e) had no repair duty to stop the parties contracting over; and the fair-notice doctrine did not apply, because the sentence does not shift the landlord's own negligence onto the tenant. The court added that neither statute, common law nor the Restatement bars “requiring a tenant to reimburse the landlord for damages negligently caused by the tenant or one occupying the premises with the tenant's consent.” A dissent would have held the sentence unenforceable outright because it was not underlined or conspicuous, as § 92.006(e)(4) requires. This is 2001 Texas law, decided on the Texas Property Code - state-specific, and not a national rule.

How this state's law treats this clause
New York's record answers the roommate question outright, and it answers it in the tenant's favour. A lease naming one tenant permits that tenant, their immediate family, one additional occupant and that occupant's dependent children, and a clause restricting occupancy to named tenants and immediate family is unenforceable as against public policy. The duty that comes with the right is short: tell the landlord the occupant's name within 30 days of move-in, or within 30 days of the landlord asking. New York City adds more, because in a rent-stabilized unit a roommate may not be charged above a proportionate share of the legal rent. The right itself is in: N.Y. Real Prop. Law § 235-f

One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.

New York Law on Roommate Clause

The law in New York
  • Lease clauses restricting occupancy to named tenants and immediate family are unenforceable as against public policy.
  • A lease naming one tenant permits that tenant, immediate family, one additional occupant, and the occupant's dependent children.
  • The tenant must tell the landlord the occupant's name within 30 days of move-in or within 30 days of a landlord request.
  • An occupant gains no right to remain once the named tenant permanently vacates without written landlord consent.

Sources include N.Y. Real Prop. Law § 235-f - statutes change; verify the current text for your situation.

Count it for your dates

30 days: when does it end?

Day 30 falls on

What it means: Give the landlord the occupant's name by this date. Sending it in writing gives you proof of the date. Applies to New York tenants adding one occupant plus that occupant's dependent children; if the landlord asks for the name, the 30 days run from that request instead (N.Y. Real Prop. Law § 235-f). Calendar arithmetic only; check how the section counts days before you rely on a date.

Copy and send: Within 30 days of move-in, or within 30 days of a landlord request

Tell your landlord the occupant's name

Fill in the brackets and keep a copy of what you send.

New York's Roommate Law, N.Y. Real Prop. Law § 235-f, works by cancelling lease wording, not by asking for permission:

  • Restrictive clauses are void. A lease clause limiting occupancy to the named tenants and their immediate family is unenforceable as against public policy.
  • Who a one-tenant lease covers. The tenant, the tenant's immediate family, one additional occupant, and that occupant's dependent children. No landlord approval is needed.
  • Your one duty. Tell the landlord the occupant's name within 30 days of move-in, or within 30 days of the landlord asking.
  • Where it stops. The occupant gains no right to stay once the named tenant permanently moves out, unless the landlord consents in writing.

A second unrelated roommate falls outside the one-occupant rule. Statutes change, so read the current text of § 235-f before you rely on it.

What's Specific to New York City

How New York compares

Deadline to notify the landlord of a new roommate, state by state

Deadline to notify the landlord of a new roommate by stateEach square is a state; New York is outlined.Alabama: guide coming soonALAlaska: guide coming soonAKArizonaAZNo figureArkansas: guide coming soonARCaliforniaCANo figureColoradoCONo figureConnecticut: guide coming soonCTDelaware: guide coming soonDEDistrict of ColumbiaDCNo figureFloridaFLNo figureGeorgiaGANo figureHawaii: guide coming soonHIIdaho: guide coming soonIDIllinoisILNo figureIndianaINNo figureIowa: guide coming soonIAKansas: guide coming soonKSKentuckyKYNo figureLouisiana: guide coming soonLAMaine: guide coming soonMEMarylandMDNo figureMassachusettsMANo figureMichiganMINo figureMinnesotaMNNo figureMississippi: guide coming soonMSMissouriMONo figureMontana: guide coming soonMTNebraska: guide coming soonNENevadaNVNo figureNew Hampshire: guide coming soonNHNew JerseyNJNo figureNew Mexico: guide coming soonNMNew YorkNY30 daysNorth CarolinaNCNo figureNorth Dakota: guide coming soonNDOhioOHNo figureOklahoma: guide coming soonOKOregonORNo figurePennsylvaniaPANo figureRhode Island: guide coming soonRISouth Carolina: guide coming soonSCSouth Dakota: guide coming soonSDTennesseeTNNo figureTexasTXNo figureUtah: guide coming soonUTVermont: guide coming soonVTVirginia: guide coming soonVAWashingtonWA30 daysWest Virginia: guide coming soonWVWisconsinWINo figureWyoming: guide coming soonWY

30 daysNo figureGuide coming soonYou are here

See all 25 cities as a chart

Deadline to notify the landlord of a new roommate

Same clause, 25 cities, different rules. Tap any city for its own guide.

New York City, New York
30 days
Seattle, Washington
30 daysSeattle only
Austin, Texas
No statute
Miami, Florida
No statute
Washington, District of Columbia
Lease controls consent
Columbus, Ohio
No statute; lease controls
Newark, New Jersey
No statute; city occupancy caps
Detroit, Michigan
No statute; zoning family limit
Baltimore, Maryland
No set deadline; zoning family limit
Minneapolis, Minnesota
No set deadline
Milwaukee, Wisconsin
No set deadline
Kansas City, Missouri
No set deadline; zoning household limit
Indianapolis, Indiana
No set deadline; zoning family limit
Louisville, Kentucky
No set deadline; city floor-area limits

Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.

New York City adds a rent rule. In a rent-stabilized apartment, a roommate may not be charged more than a proportionate share of the legal regulated rent.

The split is measured against the regulated figure, not the market rate. To learn whether your unit is stabilized, order its rent history from HCR.

If management asks for an application, a credit check or a lease amendment for your added occupant, no section we read requires one.

Does the lease give an address for notices?

It should. You owe the landlord the occupant's name within 30 days, and a written address shows where you sent it.

Does it say occupancy is subject to Real Property Law 235-f?

A fair New York lease says so. It shows the landlord knows you may add one occupant without asking.

Does it require landlord approval for roommates?

§ 235-f lets you add one occupant without consent. You owe the landlord notice of the name, not a request.

Does an added occupant trigger a fee?

Ask which law allows it. No section we read sets an occupant fee, and a stabilized roommate owes only a proportionate share.

Sources

The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.

Red Flags to Watch Out For

  • Occupancy limited to named tenants

    Common lease wording, and unenforceable in New York. § 235-f voids clauses limiting occupancy to named tenants and their immediate family.

  • Landlord consent required first

    The statute asks for notice, not consent. You send the occupant's name within 30 days, and the landlord does not get an approval vote.

  • Roommate must pass screening

    No section we read lets a landlord screen your one added occupant. Your duty under § 235-f is the occupant's name, within 30 days.

  • Automatic rent bump per occupant

    A per-head surcharge written into the lease. In a rent-stabilized unit, a roommate cannot be charged more than a proportionate share of the legal regulated rent.

  • Eviction threatened over an unnamed occupant

    The clause treats a late name as a default. Send the occupant's name in writing right away and keep proof of the date you sent it.

Your Rights as a New York City Tenant

  • One occupant, no permission needed

    RPL § 235-f lets you add one occupant plus that person's dependent children. Landlord approval is not required.

  • Restrictive occupancy clauses are void

    Lease wording that limits occupancy to named tenants and immediate family is unenforceable, so it cannot be used against you.

  • Thirty days to give the name

    You have 30 days from move-in, or 30 days from the landlord's request, to give the occupant's name.

  • Proportionate share if stabilized

    In a rent-stabilized NYC unit, a roommate may not be charged more than a proportionate share of the legal regulated rent.

What To Do - Step by Step

1

Read the occupancy paragraph

See who the lease says may live there. A limit to named tenants and immediate family is unenforceable in New York.

2

Confirm you have room

§ 235-f covers you, your immediate family, one added occupant and that person's dependent children. A second unrelated roommate falls outside it.

3

Send the name in writing

Email or letter, dated, naming the occupant. You have 30 days from move-in, or from the landlord's request.

4

Keep proof of delivery

Save the sent email or the certified mail receipt. If the notice is ever disputed, the date you sent it is your proof.

5

Check your stabilization status

Order the rent history from HCR. If the unit is stabilized, a roommate may not be charged more than a proportionate share of the legal regulated rent.

6

Get help if you're pressured

If a landlord threatens eviction or fees over a lawful occupant, call 311 or a tenant attorney. Bring the lease and your written notice.

Why renters trust LeaseDecoded

Read at the sourceEvery statute is read in its published text, on the state's own site where that site can be reached.
Real court rulingsLease wording on our pages is quoted from published court opinions, with what the judge decided.
Dated and re-checkedEach guide shows when it was last reviewed, and we correct it when the law changes.
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Frequently Asked Questions

can my landlord say no to my girlfriend moving in nyc
Not under the Roommate Law. RPL § 235-f lets you add one occupant plus their dependent children without consent, even if your lease clause limits occupancy to named tenants. You owe the landlord her name within 30 days of move-in.
how long do i have to tell my landlord about a roommate in new york
30 days from move-in, or 30 days from the landlord's request (RPL § 235-f). Your roommate notice needs the occupant's name. No section we read requires an application or approval.
is a no roommates clause in my nyc lease legal
A clause limiting occupancy to the named tenants and their immediate family is unenforceable in New York as against public policy (RPL § 235-f). The law covers one added occupant plus that person's dependent children.
can my roommate stay if i move out of my nyc apartment
Not automatically. Under the roommate rule in RPL § 235-f, an occupant gains no right to stay once the named tenant permanently moves out, unless the landlord consents in writing.

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Legal Disclaimer: This guide is for general educational purposes only and does not constitute legal advice. Information reflects general New York and New York City law as of October 2026 but may not reflect recent changes. Consult a licensed attorney in New York for advice about your specific situation.