ROOMMATE OR TENANT?

manhattan · manhattan on Wed Nov 19, 2008 2:10 pm

As a small 2 unit landlord, I rent to unacquainted roommates, in a fully
furnished apartment 2nd fl, & (lstfl) including all kitchen equipment, furniture, bedding,
towels; if a roommate attempts to bounce a check to me on the first
week of the 2nd rental payment (monthly), and does not pay her security
deposit in full, as requested, does she remain a roommate or does she
become a tenant? She also brought in her entire family, disrupting the
space of the other roommate and his bedroom, by trespassing into that
room with family and dogs; she did not respect the boundaries of the other
roommate's private room. By not paying her rent with a sufficient funds
check and hoping I would deposit it and it would bounce, has she
breeched her right to become a tenant? She also would trespass into
my apartment downstairs where I stayed several days a week for
various reason; I had just had surgery and could not go back and forth
after showing the apartment (to find a buyer or another roommate).

wdepue · wdepue on Thu Nov 20, 2008 10:35 pm

5-12-030 Definitions
(a)"Dwelling unit" means a structure or the part of a structure that is used as a home , residence or sleeping place by one or more persons who maintain a household, together with the common areas, land and appurtenant building thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities.
(h)"Tenant" means a person entitled by written or oral agreement, subtenancy approved by the landlord or by sufferance, to occupy a dwelling unit to the exlusion of others. (Prior code 193.1-3; Added Coun. J. 9-8-86,p. 33771; Corrected Coun. J. 9-12-86, p.33939;Amend. Coun. J.11-6-91,p.7196)
5-12-020 Exclusions.
(b) dwelling units in hotels,motels,inns,bed-and-breakfast establishments,rooming houses and boardinghouses,but only until such time as the dwelling unit has been occupied by a tenant for 32 or more continuous days and tenant pays a monthly rent, exclusive of any period of wrongful occupancy contrary to agreement with an owner;(Prior code 193.1-2;Added Coun. J. 9-8-86,p.33771;Corrected Coun. J-9-12-86,p.33919;Amend.Coun.J.11-6-91,p.11-6-91,p.7196;Amend.Coun.J.9-4-03,p.7118) There is no difference in a roomate or tenant. The legal definition of tenant would apply to "roomate".