Legal Question in Landlord & Tenant Law in New York

Re: Lease liabilities

Depends on the specific language of the lease. But most leases typically require all tenants to pay the whole of the rent. That is, the landlord doesn't care who pays as long as he gets the whole. That means that if only 2 tenants remain and they are only paying a 2/3 share of the lease, they are not paying the required rent. However if the landlord is accepting the rent, he may be agreeing to a modification.

In other words, the landlord can evict you but he cannot evict oyu and accept your rent at the same time. If you are evicted you and your roommate could have a cause of action against the third tenant.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.