Legal Question in Real Estate Law in New York

Roommate left me empty handed with lease

My ex-roomate and I signed a 2 year lease @ $2000/month in Dec. 2001; my room-mate moved out in March 2002. The lease still has 20 months to go and I can't afford it alone. Can I sue him for half of the rent now, or do I have to wait until the end of the term? I need the money now in order to continue living here. Can I sue him at all for these monies?

What is the law in NYC regarding this issue? Can I break the lease if I give ample notice?

Please Help!!!!

Steve


Asked on 4/24/02, 1:03 am

1 Answer from Attorneys
Janet Fashakin Law Offices Of Janet Fashakin, ESQ.

Re: Roommate left me empty handed with lease

UNDER THE NEW YORK LAW SINCE BOTH OF YOU SIGN THE LEASE BOTH OF YOU ARE JOINTLY RESPONSIBLE UNDER THE LEASE. TO THE EXTENT THAT YOUR LANDLORD CAN BRING AN ACTION AGAINST EITHER OR BOTH OF YOU IF THE LEASE IS BROKEN, YOU TOO CAN BRING AN ACTION AGAINST YOUR ROOMATE. HOWEVER THE LAW DOES EXPECT YOU TO MITIGATE THE DAMAGES. THEREFORE YOU CAN GET ANOTHER ROOMATE TO TAKE OVER THE REST OF YOUR FORMER ROOMATE'S LEASE ON HER ACCOUNT SO THAT SHE REMAINS LIABLE FOR ANY SHORTFALL IN THE NEW ROOMATE'S RENT AND FOR ALL THE PERIOD DURING WHICH YOU WERE TRYING TO GET A NEW ROOMATE.

IF YOU CANNOT WITH ALL DUE DILIGENCE GET ANOTHER ROOMATE, SHE REMAINS LIABLE FOR HER ENTIRE PORTION OF THE LEASE.

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Answered on 4/24/02, 2:17 am


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