Legal Question in Real Estate Law in New York

Breaking a lease, co-tenant uncooperative

I signed a yr lease with a friend. There are 5 mos remaining. I had to leave my job due to a substance abuse problem and I'm moving closer to my family (in MN). I obtained verbal approval from my landlord to sublet my room but my roommate refuses to accept anyone that I have found. My landlord does not want to be in the middle of the dispute and said my roommate would need to approve the person I find to take over my lease obligations. Is there anything I can do to avoid having to pay the rest of my lease? If I were sued and could produce evidence that I tried to find a subletter, what is the likely outcome?


Asked on 2/26/02, 10:08 pm

1 Answer from Attorneys
Dan Blumenthal Berkman Henoch Peterson & Peddy

Re: Breaking a lease, co-tenant uncooperative

Presuming nothing unusual is in your lease and that both you and your co-tenant signed, you are both liable for the entire rent. Since you will be out of state, you would be hard to collect from. Your co-tenant will, in all likelihood be held to the full rent or face eviction. although a landlord normally has a duty to "mitigate," i.e. find a new tenant when a tenant vacates, I don't think he can be asked to find a roommate without the occupant's consent. Call if I can be of further help, 516-780-0270.

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Answered on 2/27/02, 12:12 pm


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