Legal Question in Landlord & Tenant Law in New Jersey

Lease

My daughter cosigned a lease with two other people for a year (Oct 08 - Oct 09). She was given notice she would be laid off on 9 Jan 09. The lease has a clause stating that loss of a job does not allow here to break the lease without penalty. My daughter wanted to sublet it out (ok in lease) but the other two cosignors refused to have someone else. The penalty to get out of the lease is $5k+, so they have agreed to find someone, however my daughter cannot afford to stay another month. One of the cosignors has refused to pay anything and says my daughter has to pay the entire penalty and if not he will sue her. I believe since all three cosigned there should be an equitable split between them, regardless of fault. What is the law here?


Asked on 1/08/09, 2:03 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Lease

There is no "penalty" due to the landlord or anyone else just because your daughter moves out. So long as the rent is paid, the landlord has no complaint and if the rent is not paid, landlord will evict them all. The issue is among the three tenants and, as is very common, it is made more complex because they evidently did not execute a co-tenants' agreement.

The chances are that a judge would require your daughter to reimburse the other two tenants for her share of the rent for as long as there is no other tenant. There is some mileage to be had if the other tenants decline to accept a new roommate or don't look for one. It won't carry much weight though. In any case, the issue for the moment does not involve the landlord.

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

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Answered on 1/08/09, 11:00 pm


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