Legal Question in Real Estate Law in New York

My daughter is renting an apartment with her friend. Both of their names are on the lease. Her friend has decided to be a deadbeat and not pay her portion of the rent. The rent is $1700 a month, of which the friend had agreed to pay $900. She now owes over $5,500 in arrears. My daughter had fallen behind a month, but has been paying her share and intends to catch up this month. They make their payments separately. If a payment is not made by the friend by the end of this month, the account will be forwarded to legal. What can happen to my daughter? Could she be caught in legal action if her portion of the rent is being paid? If they make it till the end of the lease, and there is still money owing, could she be held accountable for her deadbeat roommate? What should she do? She cannot afford to keep the apartment by herself.

Asked on 10/11/11, 2:09 pm

Arnold Nager Arnold H. Nager, Esquire

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Most leases provide that the lessees are individually and jointly liable. If this is the case, either could be liable for the entire balance.

Perhaps your daughter can find another roommate to help out with the rent.

Answered on 10/13/11, 12:01 pm

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