Legal Question in Real Estate Law in New York
Termination of Lease
My roommates and I signed a lease for 2005-2006. The lease began May 1, 2005, and ends on April 30, 2006. This week they informed me that they are going to leave the residence this Marchy, thereby going against the terms of the lease. I contacted my landlord to see what my financial obligations are regarding my roommate's actions, and I was informed that my roommates and I are responsible for paying any rent owed on the apartment. I also informed my landlord that my roommates are in violation of the clause to our lease that indicates that we are not to sublease our apartment. Again, I was told that I have no rights, and that my roommates and I would be responsible for paying the remainder of the rent owed, or a lawsuit could follow.
I would like to know what rights I do or do not have, and whether or not seeking the assitance of an attorney is possible in this matter or find out what other options I may have regarding this issue. Thank you.
2 Answers from Attorneys
Re: Termination of Lease
You can certainly seek the assistance of a attorney, at the very least to review your lease and properly assess your rights. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: Termination of Lease
Your landlord is correct. You and your lease co-signers are obligated to pay the rent, pursuant the lease, notwithstanding their decision to move.
You can also attempt to collect rent from your co-tenant lessors, even after they move.
However, to the Court, will probably not charge them for the full period of the lease. And, You will be required to show that you have attempted to mitigate your damages. Which means should seek to replace your co-tenants/ co-lessors with someone else, to help meet your payment obligations under the lease.
Good luck,
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