Legal Question in Landlord & Tenant Law in New Jersey

2 full time college students and one full time worker sign a lease for a rental apartment in NJ. One of the students has her dad co-sign the lease for HER only. The other student who signed the lease now wants break his part of the lease and move out early - is the lease-breaker liable for his portion of the rent rent, or are the remaining 2 parties now liable for the entire rent payment? The lease says nothing about what happens if one party moves.


Asked on 9/22/11, 2:39 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

The reason that the lease does not say anything about one party moving out is that all are collectively responsible for the rent. A landlord is not required to distinguish who is paying what portion of the rent. One person can pay all of it; two can split it and the other pay nothing; or each one can pay different amounts. The only requirement is that all of the rent be paid by one, some or all on a monthly basis. So if the lease breaker pays nothing and the other two only pay two-thirds, the landlord would have the right to evict the remaining two. Seems to me that you better get some kind of understanding from the lease breaker because that person is still obligated to pay the rent.

Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Good luck. Rob Gleaner

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Answered on 9/22/11, 4:24 pm
John Corbett Corbett Law Firm LLC

I agree with Mr. Gleaner with respect to the tenant's obligations to the landlord. However, the tenants may have a different understanding among themselves that may be an enforceable contract. In that event, the tenants who pay more than the agreed amount can recover against the departing tenant.

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

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Answered on 9/22/11, 4:44 pm


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