Legal Question in Wills and Trusts in New Jersey

Can landlord evict me or my roommate if we have no new lease signed and only one of us pays half the rent since no agreement ever stating that we each only pay half rent?


Asked on 1/30/11, 7:39 am

3 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Read your lease carefully. It usually says that tenants are jointly and severally liable for rent and other obligations under the lease. It won't say it in the paragraph that says what the rent is -- read through the entire lease.

Logically, why should the landlord be responsible for 1/2 the rent if one person doesn't pay?

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 2/11/11, 9:52 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Yes.

The landlord is entitled to 100% of the rent, and if you and your roommate both signed the lease, you are both obligated to pay the entire amount [how you divide the rent payment between the two of you is your business, not the landlords].

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Answered on 2/11/11, 10:35 am
Walter LeVine Walter D. LeVine, Esq.

I agree with the other authors, and any landlord can sue for eviction if 100% of the rent is not being paid. Most leases also provide for automatic renewal and/or hold-over rent if there is no renewal. I also agree that not all facts might have been presented and if there are other facts not presented, this response could be different.

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Answered on 2/13/11, 10:33 am


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