Looking for a sub lease form template

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My daughter is going to be the only person on the lease but she will be sharing the apartment with the roommate, i.e. subletting a room. I wonder if there is a form specifically addressing any enforcements for non-payment etc.

Attorney Answers

2
Steven Smollens ·
Dear New York Parent: You are looking for a Roommate Agreement and not a sublease agreement. Lawyers carefully craft unique documents for clients in order to avoid the mistakes often built into generic forms. There will not be a special form available online that will address all the terms that a well written roommate agreement requires. Non-payment is but one of the ordinary events to look out for. The real concern is how your daughter will deal with a roommate who does not pay rent. Would your daughter afford the service of an attorney to sue the roommate using a non-payment summary proceeding? That is the sole legal remedy when an occupant does not pay rent, and practically, will be useless to your daughter once the roommate stops paying rent. Instead of worrying about enforcing for a rent default, your daughter should focus on the more critical remedy of ending the roommate agreement base on a default, or simply allow the roommate agreement to run for one "month" and expire. That would allow your daughter the right to terminate the non month to month relation with a simple thirty day tenancy termination notice. Of course, she will still need to use a court proceeding to evict the roommate, but she will also be able to sue in that lawsuit for the unpaid rent as well. To see just what the court system requires when a tenant looks to evict a roommate read: http://courts.state.ny.us/COURTS/nyc/housing/holdover_roommate.shtml
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Michael James LivolsiEducation Law AttorneyNew York, NY ·
Blumberg Forms is the site most attorneys use when they look for forms. I've attached a link for your convenience. I would call and ask them which form is appropriate, and consider consulting with an attorney first, before you use one. Most attorneys change the forms to fit each particular circumstance before using one. Very rarely is any one for usable 'out of the box', and contract drafting, especially contracts that create interest in property such as leases, need to comply with a number of statutes and regulations to have the desired effect. Using forms without an experienced attorney to assist you can result in any number of unintended consequences.
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