Legal Question in Real Estate Law in New Jersey
Lease/Roomate Situation
My two friends and I signed--name removed--12 month lease with our landlord. We payed $450 security deposit and moved in in May 2007. Upon moving in we payed 1st and last months rent of $900. It is now November and one of the roomates wants to move out. She keeps saying that she only has to give 30 days notice, but I've never heard o that before; not to mention that she's already payed May 2008 rent. We signed our lease as ''one tenant'' with all three of our names on it. I am so confused and frustrated because the remaining roomate and I are not sure if we are going to be responsible for her portion of the rent if she moves out. Please help!!!
1 Answer from Attorneys
Re: Lease/Roomate Situation
Since you all signed the lease, each of you is obligated to the landlord. That obligation includes payment of the full rent. How you divide that is up to you but if one co-tenant vacates, it does not relieve them of the obligation to pay rent nor does it relieve the remaining tenants from having to ensure that the landlord is paid the full amount each month. If your friend does not pay whatever was her share under your agreement, you still must pay the landlord the full amount but you can recover your extra costs from the vacating co-tenant.
Thirty-day notice is not significant if there is a lease. That applies only when there is no lease or if the tenant has remained beyond the term of the lease without renewing.
See also: http://info.corbettlaw.net/lawguru.htm
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