Legal Question in Real Estate Law in New Jersey

when your roommate skips out on the lease

You do not indicate whether you and your former roommate signed a written lease. Usually leases with more than one tenant make ALL of the tenants fully responsible for the entire rent. The landlord is not concerned with how the rent is shared between 2 tenants, only that it is paid in full.

If you have paid only your share of the rent, and your former roommate did not pay his/her share, the landlord can seek to evict you.

You should consult a local attorney with experience in tenant's rights, to see if you can get any relief under the NJ laws that provide protection to tenants in your situation.

The Tenant Hardship Act, N.J.S. 2A:42-10.1 (for rent controlled units) and N.J.S. 42:-10.6 (for non-rent controlled units) permits a court, at its discretion, to stay issuannce of a warrant of eviction of a residential tenant for up to 6 months after entry of a judgment of possession if it appears that the tenant will suffer hardship because of the unavailability of other dwelling accomodations.

"Anti-Eviction Act" prohibits a landlord from terminating a tenancy for any reason except for those set forth in the statute. These include non-payment of rent (of course) and refusal to sign a renewal lease or to accept reasonable changes to a prior lease requested by a landlord (including a fair rent increase) among others. However, a tenant in NJ essentially can stay put for a long time (with appropriate legal defenses in a lawsuit by the landlord) unless one of the 13 grounds specified in the statute applies. Note however that a holdover tenant can be liable for double the monthly rent if proper grounds for lease termination exist and notice is given.