When couples decide to live together, typically, they aren’t thinking about the possibility of a breakup. Unfortunately, without a written agreement, a breakup can get messy when it comes to your living arrangements. A cohabitation agreement can address this and other issues and minimize disputes both during your relationship and in the event it ends.
New York City Landlord-Tenant Law
In New York City, an individual living in a residence (apartment or house) for more than 30 days cannot be forced to vacate by the owner or primary lessee. If your partner refuses to leave, your only recourse is to bring an eviction proceeding against him or her. This involves filing papers with the court, serving your partner and having a hearing. Then, if you win, you must pay a fee to have a law enforcement officer serve and execute a Warrant of Eviction. This process can be time-consuming and costly if your partner is uncooperative.
Using a Cohabitation Agreement
A cohabitation agreement is a contract between people living together that addresses financial issues, including the sharing of expenses and what happens if the relationship ends. To avoid having to go through the eviction process, the agreement should include a provision stating that the non-owner agrees to waive the right to have an eviction proceeding in exchange for something, such as a payment. For instance, if it’s your home, your partner would contractually agree to vacate and give up the right to fight an eviction in court. In exchange, you would pay him or her a sum of money.
Co-Owner or Co-Lessee Rights
If you and your partner are joint owners or both on the lease, it’s crucial to use a cohabitation agreement. As joint owners/lessees, you both have rights to occupy the property, so your agreement should address issues like who gets the home in the event of a breakup, buy-out rights, valuation of the property, return of down payments or other monies and how to handle disputes. It’s a good idea to require mediation as a first step to try to settle the disagreement, rather than going straight to court, which is more expensive and time-consuming.
Cohabitation agreements are contracts. As such, they should be carefully drafted and reviewed by an attorney for each side to ensure that they are fair and cover all necessary areas, so you don’t end up in court.
If you are living with your partner, contact us to discuss how we can help protect your rights.