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Roommate May Leave Before Lease Expires and Stop Paying Rent

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  • 10-28-2008, 03:26 AM
    Roommate51
    Roommate May Leave Before Lease Expires and Stop Paying Rent
    My question involves a roommate in the State of: New Jersey

    Recently, we co-signed a two year lease in a multidwelling. My roommate wishes to leave and be released from his financial obligation to pay rent.

    If I don't find a replacement roommate in time, I'd have to pay the entire rent, which I cannot afford...I'd have to go into debt. I assume I could then take my ex-roommate to small claims court.

    Or, what would be the consequences to me if I paid only my half of the rent?

    What is my best course of action to protect myself legally? I do not want to lose this apartment.

    Thank you.
  • 10-28-2008, 05:44 AM
    LawResearcherMissy
    Re: Roommate May Leave Before Lease Expires and Stop Paying Rent
    Quote:

    I assume I could then take my ex-roommate to small claims court.
    Yes, that is correct.

    Quote:

    Or, what would be the consequences to me if I paid only my half of the rent?
    You'll be evicted for non-payment of rent. Check your lease. In nearly all lease agreements, there is a clause that holds each roommate 100% responsible for the entire amount of the rent. If your roommate leaves, you're responsible for all of it.

    Step up your roommate search and be prepared to take your soon to be former roommate to court if need be.
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