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Posted by DK on December 01, 1998 at 12:28:45:

In Reply to: Roommate Moving posted by Mr. Buzzcut on November 30, 1998 at 17:52:34:

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!

Follow Ups:

• Re: Roommate Moving Mr. Buzzcut 12/01/98 (1)
  • Re: Roommate Moving DK 12/02/98 (0)
• Re: Roommate Moving Mr. Buzzcut 12/01/98 (0)

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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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