roommate puzzle!

[z_arash]

1. Me and my roommate both are on a lease since Dec 1, 2000 which has been renewed twice until Dec 1, 2003. (never sign a lease with two names!).

2. I'm getting married and want to move out on Sep 27th.

3. My roommate left a written message for me that he will move out by Sept 31, but is not willing to send it to the landlord.

4. If I move out and he doesnt, I will have to pay the rent until Dec 1st 2003 while Im not there since my roommate will not move out after Sept 31 (I dont trust him)

5. If I dont move out and he doesnt either, I cant get my wife in there as well as myself.

6. He didn't pay his share in Aug saying we have two months deposit and he doesnt want to pay rent anymore.

What do I do?
a. Move out and let the landlord sue us and eventually pay the rent for him living there for free? (he has not credit while I have an excellent one)
b. Not move out and put his stuff out on the street by Sept 31 if he doesnt and when my wife moves in?

[TenantNet]

Several things going on:

Your wife can move in (unless you have space problems), but you figure that out.

Both tenants are 'jointly and severally' liable for the rent if that phrase is in the lease. Means the LL can go after either of you, or both of you. It's up to the LL.

There is no September 31st.

You're talking two months. Your deposit ought to cover that. SOme tenants don't pay the last months rent figuring the deposit will cover that. Given LL behavior in many cases in getting deposits back, it's not something we object to, but the LL might. His remedy would be to seek your eviction. By the time he does that, you would be out.

The LL might agree to an early vacancy. Even if not, he might not come after you and even if he did, he might have to show he tried to re-rent the place.

Don't put the other tenant's stuff on the street; that is illegal and could get you in big trouble.