Legal Question in Landlord & Tenant Law in New Jersey

Falling out with roommate

My roommate has increasingly become unreasonable to the point where I am unable to be in the same room without risking harassment. I have blocked him on my phone, email and other means of contact. I don't want to bring any official charges, but would like to get out of my lease. I paid a significant deposit and pay nearly half of the rent. Do I have any options to break the lease legally? What if my landlord agreed to release me from the terms?


Asked on 10/10/06, 11:50 pm

3 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Falling out with roommate

Unfortunately, there are two other interested parties: your landlord and your roommate. A release from the landlord would help only if the landlord also agreed to take half the rent for the balance of the term. That is unlikely even if you are on good terms.

Similarly, even if your roommate agrees to pay all of the rent and you move out, the landlord will come after you too if he defaults.

One possible strategy is to put both of the above together. That is, get roommate to agree to take on the whole rent and get the landlord to give you a release. The problem is getting cooperation, but that would work.

Your other strategies depend a lot on how long you have to run on your lease. You should probably call a lawyer to discuss your options. Have a copy of your lease available.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/11/06, 12:49 am
Gary Moore Gary Moore Attorney At Law

Re: Falling out with roommate

You pay NEARLY HALF of the rent. If there are only the two of you you must have some arrangement between you that is a bit more than that of roommates.

If the landlord agrees to let you out of the lease it becomes a matter of whether your "roommate" will release you from his reliance upon your contributing to the rent. I would think that if your roommate has engaged in misconduct making it unreasonable for you to remain upon the premises that your roommate could not prevail against you in court for failing to uphold your obligation to pay a portion of the rent.

To be honest, I feel that there is something you are not talking about.

Call me if you like.

Gary Moore, Esquire

HackensacK, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/11/06, 4:51 am
Robert Davies The Davies Law Firm, P.A.

Re: Falling out with roommate

You have some options. If the roommate threatens physical harm, go get a domestic violence restraining order.

You may want to meet with an attorney. Bring the lease agreement, and copies of the checks that you used to pay the security deposit and the rent.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 10/11/06, 10:30 am


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