So my roommate sat me down and said she's not renewing. We're both on the lease. I want to stay, and I already found a friend who wants the room. Management says fine, but the new person has to do the whole application, credit check, and pay a processing fee. They're calling it a "lease transfer." We're not transferring anything — one original tenant is staying. Are they allowed to just make me reapply? The fee feels like a cash grab, not even a broker involved. Anyone been through this?

I had something like this last month and just paid because I was scared they'd pull the renewal. They asked for an app fee and I didn't know I could push back. Do you think they'd let the new person be added as an occupant instead of a leaseholder? That might skip the whole transfer thing. Keep us posted, I want to know how it works because my roommate is probably moving next spring.

This comes up constantly. If you are on a market-rate lease and one party leaves, the surviving tenant generally has the right to remain. A renewal cannot usually be conditioned on you reapplying from scratch unless the lease is ending and they're offering new terms. But they can require a replacement roommate to submit an application to prove identity and income. What they cannot do is charge arbitrary processing fees in addition to the credit-check cost unless the executed lease says so.

In my last building, management tried to charge a "lease amendment fee" for a similar swap. I asked for a line-item breakdown and whether the fee was in the lease. They dropped it because it wasn't. If rent stabilized, there's stronger protection; a fee like that may violate the law. In market-rate, they have more leverage but still can't just invent charges.

Write an email asking to see the policy and confirmation they'd accept you as sole leaseholder plus an occupant, or alternatively a roommate with no additional fee. Get it in writing.

That's definitely a cash grab. I'd tell them you'll pay for the actual credit check and nothing else. If they want a full application, fine, but they don't need to pocket extra. Also if your friend works for a NY company from NJ, some places still count it, but they may try to use the 40x thing as leverage. If you cover it by yourself, they should not need the new person to hit it too. Don't let them double-dip your income and hers.

Quick update: I asked for the policy in writing. They got a little huffy. My friend has paystubs from a NY employer but she's remote from NJ, so I don't know if that counts for their formula. They want both of us to qualify, which sounds wrong because I'm already there. I offered to pay the actual credit check cost. They said they'll get back to me. This shouldn't be this hard.

Wait, I thought if you already live there and one roommate leaves, the landlord can't force you to reapply just for a renewal. Is that only for rent-stabilized apartments? I'm new here and my roommate might leave in the spring, so I'm trying to learn. Is it easier to just not tell the landlord and let the new person pay you directly? That's probably bad advice but I've heard people do it.

A couple of things to untangle. First, if you have an existing lease and your roommate gives notice, your lease generally continues with you as the remaining tenant. You don't have to apply for a new apartment. At renewal, the landlord can negotiate new terms, but they can't treat you as a stranger unless they're ending the tenancy for a permitted reason.

For a new occupant, the landlord can require they submit an application and prove income ratio. If your friend's NY employer has her working remote from NJ, it may still be acceptable if the employer is based in New York and her wages are NY-taxed, but management may have its own policy. Ask for the standard in writing.

On the fee: unless your lease has a specific amendment or processing fee, they cannot invent one. They may charge the actual credit report cost only. If management says the new person must hit 40x individually even though your income alone qualifies, ask them to explain in writing. It may be a sign they want to use the same underwriting model as a new joint lease.

You could also suggest she be added as a permitted occupant, not co-tenant. That often weakens the fee argument because you remain fully liable. But some landlords won't allow non-leaseholder occupants with keys.

I think there's a rule called the roommate law where you can have one extra person live with you even if they aren't on the lease? But maybe the landlord can still approve them first. Could OP use that if management gets difficult? I'd be careful about not telling the landlord because if they find out you could get in trouble. Maybe the new person can be a "guarantor" for themselves? I don't really know.

To clarify the roommate law: if you are the only leaseholder, you can allow a roommate and their child to live there, even if the lease says no, as long as it's your primary residence and not an unauthorized sublet in the sense of you leaving. But the landlord can still require that occupant to submit an application for a reasonable credit or criminal check if it's a building with standard policies. It is not a blank check to skip management approval.

The issue here is that OP and the departing roommate are both on the lease. Once the departing roommate is removed, OP may become sole leaseholder and can then arguably use the roommate law. But replacing a co-tenant at renewal is cleaner: you want the new person either as joint tenant or approved occupant. Ask management what they call it. If they call it assignment or transfer, point out the original tenant is still living there. Use email, not phone.