Roommate Law (sublease, sublet, apartments)

[fmincon]

I'm talking to potential roommates for one of the rooms in a 2bdr/2ba. Their names are on the lease and they said that mine doesn't need to be put on (so, I'll be paying them instead of the landlord). Does this situation count as a sublease or simply sharing a room? How can I find out whether this arrangement is allowed (besides reading the lease)? Is there a difference for rent-controlled apartments? And last but not least, if it is not allowed, what will happen if the landlord finds out?

[maestrotech]

It depends It depends It depends. This is my experience.... There is no "roommate law"

The landlord has to agree to the sublease conditions and that would be stated in the lease. Normally, what I've seen is that most landlords will allow it *with permission* (unless it's a partner dealio - boyfriend/girlfriend moving in).

At any rate, you should insist on some sort of a "sublease contract" between you and the renter of the property. Leases and subleases protect both parties. And if you are concerned about it being allowed, ask the renter if you can see the original lease agreement (or at least the part regarding subleasing)

Here are some standard clauses that I've found online in regards to subletting. Please note that the agreement with your prospective roommate and their landlord may be different:

"Subletting/Assignment/Assign: Lessee may not sublet the premises or assign this lease without prior written consent of the lessor."

"Named Renter/Assignment/Subletting: The Premises shall not be occupied by more than the maximum number of “Agreement” occupants set out in Section J, unless required by law, nor by any person other than the Named Renter set out in Section K without the advance written consent of the Owner and at the additional rent set out in Section L or prescribed by law. Renter’s right to possession shall not be assigned nor sublet."