I'm on a shared lease with other co-tenants, in an unregulated unit in a building with two residential units and a commercial unit. One co-tenant informed us that they need to re-locate out-of-state in the middle of the lease. Even with the co-tenant moving out, the remainder of us on the lease want to stay where we are, and ideally, would like to bring in an occupant to help share the rent burden once the co-tenant departs.
The leaving co-tenant said they've spoken with the landlord already about needing to vacate and was presented with two options: 1) the landlord would be open to releasing the leaving co-tenant from the lease but the landlord would then terminate the lease/tenancy for all of us who are on the lease, or 2) the leaving co-tenant remains on the lease. Landlord also said that they would not allow for subletting or assignment. Something not discussed but is stated in our lease is that adding an occupant to the premises must be approved by landlord.
Concerns I have that I would appreciate anyone's advice or perspective on:
#1: Has anyone ever experienced one co-tenant asking to break lease, even if the others have not agreed to do the same, result in the landlord terminating the entire lease for everyone? Is that allowed?
I'm worried because the leaving co-tenant has an interest in getting off the lease and be absolved of any legal responsibilities, and we speculate, the landlord has an interest in terminating all of us since they could re-rent the property at a higher rate coming out of the pandemic.
Our lease does have a modification clause but doesn't say anything about what happens if a single co-tenant wants to be released from lease early.
#2: I've been doing a lot of reading about New York Real Property Law §235(f) "The Roommate Law" and how landlords cannot restrict occupancy of the premises. There are clauses in the lease that could violate that statute. Should the tenants who are staying pushback on these clauses and let the landlord know that they can't restrict our ability to bring on an occupant/roommate, if the co-tenant permanently vacates?
#3: Would it be advisable to get a lawyer right now, even though nothing has happened yet and no rights/contracts have been violated?
The other co-tenants and I are still trying to wrap our heads around what we heard, and so haven't spoken directly with the landlord yet regarding the co-tenant leaving and where that might leave the rest of us. Any advice on how we should approach this whole situation would be welcomed and appreciated.