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Posted by Mr. Buzzcut on December 01, 1998 at 13:24:29:

In Reply to: Re: Roommate Moving posted by DK on December 01, 1998 at 12:28:45:

: You're right that both co-tenants on a lease are jointly and severally liable for the whole rent. On the other hand, unless you agreed otherwise, your roommate is responsible to you for his half of the rent.

: Why don't you find another roommate. Even if your lease prohibits it, the landlord cannot object. You should get your old roommate's approval to have the new roommate takeover.

: : My roommate and I are both on the lease. He is leaving to take a job out of state. I know that some states adhere to the joint and several liability doctrine, meaning that I'd be stuck with the entire rent should my roommate not find a replacement.

: : Is this the same in NYS and, if so, what legal remedies if any, would I have against my roommate, in lieu of a written roommate agreement. Is his obligation merely a moral one, or is there an implied agreement based on the previous months?

: : Thanks!

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Comments:
: : You're right that both co-tenants on a lease are jointly and severally liable for the whole rent. On the other hand, unless you agreed otherwise, your roommate is responsible to you for his half of the rent.

: : Why don't you find another roommate. Even if your lease prohibits it, the landlord cannot object. You should get your old roommate's approval to have the new roommate takeover.

: : : My roommate and I are both on the lease.  He is leaving to take a job out of state.  I know that some states adhere to the joint and several liability doctrine, meaning that I'd be stuck with the entire rent should my roommate not find a replacement.

: : : Is this the same in NYS and, if so, what legal remedies if any, would I have against my roommate, in lieu of a written roommate agreement.  Is his obligation merely a moral one, or is there an implied agreement based on the previous months?

: : : Thanks!


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