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Roommates breaking lease-Right of remaining party.

Posted by Tom Turner on November 25, 1999 at 12:55:10:

My daughter shares an apartment in Greenwich Village with two other individuals. They are all students and all three of their names appear on the lease. I am a guarantor for my daughter and the other two tenants have guarantors of their own.

The problem is such. The other two tenants have now decided that the apartment is too expensive for them and have told the landlord they are leaving at the end of November. He is agreeing to this and is not enforcing the lease. He say the laws in NY and the cost of enforcing the lease being what they are. It is cheaper to not try to enforce the terms of the lease on the other occupants. He now tells us, if the full rent is not paid for December he will seek an eviction warrant and have the authorities place my daughter's property on the curb.

Do we have any rights here? What is the purpose of having guarantors, if you have no intention of enforcing the lease? What does it take for him to get an eviction warrant?

Any immediate help or advice would be greatly appreciated.

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