Legal Question in Real Estate Law in New York

Three-party / co-signed lease

My daughter and her roommate shared an apartment in NYC. The roommate's father and I co-signed the lease. Subsequently the roomate's parents requested to be released from the lease. (It was a ''standard'' boiler-plate apartment lease.) It was granted, probably because they figured they would just hold me responisible for the full lease.

Is it legal for the landlord to release one party from the lease without the other party's (written or otherwise) consent? If it is not technically illegal, what recourses do I have? Is my only recourse to sue the roomate's parents?

Thank you.


Asked on 10/17/02, 1:59 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Three-party / co-signed lease

When the original lease was signed, it probably read "jointly and severally" which means that the tenants (or parents) were assuming full responsibility even if more than one tenant. If this was the language, the landlord had the right to go against either tenant or parent. You lost no rights as far as the landlord was concerned, by releasing the other roommate's parents, since the landlord could sue you alone if there was a lease default. However, as between the parents, either, if sued for the entire amount, could sue the other for contribution. Since you did not release the other parent, you still have this right, unless the original lease term has expired and a new lease is in effect. Also, were there any agreements between the parents themselves as to how the obligations were to be split. If there were agreements, and the lease was silent, you may then have a problem getting contribution.

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Answered on 10/17/02, 4:17 pm


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