Charging roommate broker fee? (apartment, lease, tenant, security deposit)

[kaveevis]

Hello,

(NYC)
My friend and I found a 3 bedroom apartment, signed the lease and paid a broker fee. Neither of us have moved in yet and we are now looking for a third person to move in at the same time with us, without being on the lease. My question is is it legal/ok for me to have the third person pay 1/3 of the broker fee, despite the fact that they will not be on the lease?

Or should I/can I charge the third person a slightly higher rent that factors in broker fee? I've heard that they can ask you to show the lease and I'm afriad this may cause legal problem later on if they see that we don't charge them "appropraitely" to the total rent.

[AZ Manager]

Does your lease allow you to sublet the unit, adding a roommate is still subletting if they aren't on the lease as a tenant/occupant? If you are allowed to sublet then you can basically charge whatever you wish as rent to the tenant as long as it conforms to state laws, ie deposit rules. If your state allows non-refundable deposits you can reclaim your 1/3 brokers fees that way just make sure you understand the states deposit guidelines, in Az I can charge non-refundable deposits as long as their purpose is clearly stated.

[kaveevis]

I have talked to the landlord as well as the broker and adding the third is allowed.

[flowbe202]

You can charge more, and not show the lease, but be aware that there is a risk in doing so.

For example, if I was moving in, and wasn't on the lease, I would be less inclined to adhere to the lease. It's not MY name on the lease after all.

Charge me more? Sure, let's see if I worry about the security deposit. Oh, right, I didn't pay any.