Legal Question in Landlord & Tenant Law in New York

In Lease with another that won't pay!

Hey,I have a lease until next year. My ex boyfriend and I are both on the lease but he recently lost all income and can not pay anything in the household. So I'm paying for everything and we just also recently broke up. I want to move out. Can I break the lease even if he doesn't want to (since he's not paying anything) What can I do since he's not paying his half but he is also on the lease until July 2005?? I want to know my options


Asked on 9/14/04, 6:45 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: In Lease with another that won't pay!

Because your name is directly on the lease the landlord can sue you if you break the lease. As a leaseholder you can be held personally responsible for the whole rent. Your remedy is to sue your boyfriend for contribution. You are entitled to receive compensation for any payments you make over your share (half the rent) from the landlord. But it is not an excuse against the landlord that your boyfriend stopped paying and therefore you should have no obligation.

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.

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Answered on 9/15/04, 9:55 am


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