So my roommate of 18 months tells me last week she’s moving in with her boyfriend in March—still 6 months left on our lease. I can’t afford the two-bed alone. She says “don’t worry, my friend from college wants the room.” I haven’t met this friend. I’m in a rent stabilized two-bed in the East 100s. Management is fine but they don’t allow sublets without approval. Roommate insists this is easy, just add her to the lease? But I think we need landlord sign-off. Also who returns security? She wants me to pay her share of the security deposit back when she moves out, since the new person will pay me. Is that how it works? I’m not trying to be difficult but I don’t want to be stuck with a stranger who can’t pay. What should I ask for or what’s the move here?

Yeah, your instincts are right. Don’t hand over deposit until the new person pays you and signs something. I had a similar thing. If your name is on the lease, you’re on the hook for the whole rent if the other stops paying. Ask for a one-page roommate agreement. Also meet this friend before agreeing to anything. You don’t have to accept the first person. If the lease says no sublets, landlord approval is required—usually they’ll do a credit check and add them as a tenant or subtenant. If she just bails, you can go after her for her share, but good luck collecting.

I’m new to this, but can’t you just change the name on the lease? I thought if the landlord approves, it’s fine. What if she leaves anyway? Would the landlord evict both of you? Also, is she allowed to just invite someone to take over the room? I thought joint lease means each person is 100% responsible, not 50/50. Sorry if that’s a dumb question, trying to learn.

In NYC, on a joint lease you and your roommate are both jointly and severally liable, meaning the landlord can collect the full rent from either of you. If she moves out and the friend doesn’t pay, you owe the whole rent. First, don’t accept the replacement until you meet them and vet them. You are not obligated to accept her friend. You can propose your own roommate or refuse. If she leaves without landlord consent, she remains on the lease and legally responsible, but practically you’d have to sue her in small claims for unpaid rent.

For the security deposit: don’t return her share directly. The security stays with the landlord until the tenancy ends. If the new person pays you her share of the existing deposit, you can give your roommate her portion, or negotiate deductions if the new person doesn’t cover exactly. Better: have the new person add their own deposit through a written roommate agreement that addresses move-out, utility bills, and what happens if they leave early.

Get landlord approval in writing. A simple “replacement” doesn’t let the original roommate off the hook unless the landlord releases her from the lease and adds the new roommate—that’s a lease assignment or a new lease. Ask management what they require: application fee, credit/income check, possibly a new rider. Also check if your lease has a sublet clause; even if it says no sublets, NY Real Property Law allows you to request consent for sublet under certain conditions, but you must follow procedure. Don’t do this on a handshake.

Thanks astoria_arch. That’s what I thought. Spoke to management today, they said they’d consider adding someone with an application and fee, but the rent would go up by $75 because it’s a “lease modification.” Is that legal? Also, the friend is fine but has a dog, and my building has a no pet clause. Roommate says “it’s an emotional support animal, so it’s fine.” I’m not trying to deal with that. New person might pay slightly less deposit than what my roommate put in because they’re broke. Should I withhold the difference from roommate’s deposit return?

I had a roommate leave early last year and it was a mess. She just moved out and left me with her cat. I didn’t know you could refuse a replacement. The new person they found never paid on time. You’re lucky you’re asking now. I also got told an ESA letter can be okay but management can still question it if it’s not from a licensed provider etc. Honestly if you can, avoid the dog situation. What is a “lease modification fee”? Is that normal? I never heard of that.

That $75 lease modification fee is bogus but some management companies try it. Check your lease. If it doesn’t say a fee for adding a tenant, push back. They might waive it. As for the ESA, ignore that—if the building has a no pet policy and the dog isn’t an actual service animal, the friend can’t just move in with a dog. You can say no. Also, absolutely don’t cover the difference in deposit; that’s your roommate’s problem. Tell her the new person needs to pay the full share or the roommate forfeits that portion. And get everything in writing.

To clarify: a “lease modification fee” isn’t a standard legal concept in NYC. Some owners charge an application or processing fee, but unless your lease or rider explicitly says there’s a fee for adding/removing a tenant, you can challenge it. The landlord cannot unilaterally increase rent for a simple replacement unless you’re signing a new lease or they’re adding a rider with a lawful increase. If your building is rent stabilized, any increase must be in the renewal lease or a vacancy allowance; adding a cotenant isn’t an automatic vacancy.

For the ESA issue: emotional support animals are not service animals, but under Fair Housing rules a reasonable accommodation may be required if the person has a disability and the provider verifies it. A random letter from the internet isn’t enough. You can require documentation from a treating professional, and management can evaluate. You are not required to accept a specific roommate; you can say no.

Your roommate remains liable for her share of rent until she is released. If she walks, you can recover in small claims. My advice: tell your roommate you’ll consider the friend only after she applies through management, no pet, full deposit, and with a written roommate agreement. If not, she can find someone else or continue paying her share. Don’t pay her deposit back until the new roommate’s funds are in your account and the landlord has approved.