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  1. #1
    Join Date
    Feb 2009
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    Exclamation Roommate Breaking Lease Early and Wanting to Sublet

    My question involves a roommate in the State of: New York

    Hello. One of my 4 roommates has decided that she wants to move out of our apartment and live on her own. She only wants to pay a half of month rent under the assumption that we should be able to quickly replace her due to our apartment being a bargain for the location. There are 8 months left on our lease agreement. All 5 of us tenants signed the lease agreement with our landlord. The lease does allow either "party" to terminate the the lease agreement early with 45 days written notice. The four of us remaining roommates do not want to terminate the lease agreement but are willing to allow her to move out when we can find a suitable replacement. Here are our questions.

    For how long can we hold her financially responsible? I have read some things that say the full 8 months, some things that say 30 days, and some in between. We want to know how long she is legally obligated to pay rent. Is this standard able to be applied to our shared utilities as well since we did have a verbal agreement to split utilities while living in our apartment? And finally, can she initiate an early lease termination (the 45 written notice clause) without the rest of our consent? The term that is used is in the lease is "party" and we are confused as to who that legally includes (just one of us, all of us, or a majority of us).

    There is a section in the lease that reads "The tenant agrees not to sublet the apartment or assign this lease without the landlord's written consent." But it doesn't specify what time constraints there is for her assigning her part of the lease to someone else or how reasonably picky we can be in replacing her. Do we have any rights as to who can move in or can the first person she finds to replace her move in without our approval.

    Thanks everyone in advance for taking the time to read this and/or reply. If you need any more details feel free to ask, I tried to include all the relevant information.

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