Housemate Getting Released from Lease

[tenantcatch22]

I live in New Jersey. I have a jointly signed lease with a friend in a multi-dwelling. He has petitioned the landlord for release from the lease based on a reduction in his salary due to psychiatric disability leave. Though his lowered salary is still well above the norm and leaves him well able to pay his share of the rent, it's possible the landlord will honor his request. (This request is based on NJ tenant law for people who become disabled.)

Question: Where does this leave me? If the landlord vacates the lease for my housemate, does that automatically end the lease for me? Do I have any say in this? This is a jointly signed lease, so are we viewed as one entity and therefore, my housemate's request is considered to be my request, or can I inform the landlord that I have nothing to do with this request?

In fact, I would be willing to leave this apartment, but I cannot be ready to do that in 40 days. My house mate has another dwelling in another state. I have no other housing.

What are my protections and rights in this situation?

Thank you.

[TenantNet]

What does the statute say that supposedly allows tenants out of a lease? Do you have the text of the statute?

[tenantcatch22]

Below is a copy of the New Jersey Law. While it's true that my housemate probably doesn't fit the financial picture for this, I'm concerned that the landlord will honor it, anyway. And, since this is a jointly signed lease, I need to know if the landlord can terminate a lease based on the needs and actions of just one co-signer? Does the landlord have to 'consult' with me about this at all? Do I need to communicate my position to the landlord? Thanks for your help.

Tenant illness or accident. Any lease for one or more years may be ended before it expires if the tenant or the tenant’s spouse becomes disabled due to an illness or accident. In such a case, the tenant or spouse must notify the landlord on a disability form available from the New Jersey Department of Community Affairs. Call 1-609-633-6606 to request a copy. The form requires (1) a certification of a treating doctor that the tenant or spouse is unable to continue to work; (2) proof of loss of income; and (3) proof that any pension, insurance, or other assistance to which the tenant or spouse is entitled is not enough to pay the rent, even when added with other income. The lease termination becomes effective 40 days after the landlord receives the written notice. The property must also be vacated and possession returned to the landlord at least five days before the 40th day. Cite: N.J.S.A. 46:8-9.1.

[TenantNet]

Well it says the property must be vacated, so that seems to imply you must leave for it to take effect, in other words, IMHO, your co-tenant needs to have you go along.

The real question is, do you want to stay or leave? That should dictate your course of action here. Can you find a different roommate?

If you're co-tenants, chances are your lease makes you "joint and severally liable," meaning your roommate would be sticking it to you. He can move out, but unless there's a new co-tenant or roommate, you would be responsible for the entire rent.

Yes, I think you should let the LL know what your position is, but in that it's a different state and we don't know how case law treats this, you might also consider getting a legal opinion. You might have legal recourse against your co-tenant.

[tenantcatch22]

You said: "Well it says the property must be vacated, so that seems to imply you must leave for it to take effect, in other words, IMHO, your co-tenant needs to have you go along."

Are you suggesting that the landlord would have to make sure that I'm in agreement to vacate, as well or at the same time for this to take effect?

[TenantNet]

I didn't suggest it; I said it.

[tenantcatch22]

Thank you very much.

[tenantcatch22]

A phrase that's been said to me is: joint and several liability. I looked at my lease. In describing our tenancy, my name and my housemates are used as being referred to as "tenant". Nowhere in my lease is the phrase: joint and several liability.

So, would that mean that the landlord would have to have my agreement in ending my housemate's lease?

Thank you.

[tenantcatch22]

Well, I just spoke to a NJ tenant lawyer.

If the landlord does let my housemate out of the lease, then my portion is still not severed and I would be responsible for the entire rent.

[TenantNet]

I'd get a second opinion. Remember this is a three person contract. While the law allows or requires the LL to let the one tenant out, it appears silent on your situation. Even if your lease does not explicitly say "joint and several," you need to see what it does say.