If a Roommate Stops Paying Rent and Moves Out Before Lease is Over Can We Replace Him

[fstep2]

My question involves landlord-tenant law in the State of: New York

as in can i just go to the management and say this guy is not paying his share we'd like to replace him with a subletter until the lease is over. also if he leaves stuff behind and stops paying can we throw it out legally?
In other words, can we take him off the lease (we send separate checks to the landlord)?

 

[Gail in Georgia]

as in can i just go to the management and say this guy is not paying his share we'd like to replace him with a subletter until the lease is over.

Yes. Management would need to agree to this and would likely require that any new applicant go through a screening process.

also if he leaves stuff behind and stops paying can we throw it out legally?

No.


In other words, can we take him off the lease (we send separate checks to the landlord)?

Leases tend to have a clause where all tenants are "jointly and severally" responsible for the rent. That means if one leaves the remaining tenants continue to be responsible for ALL the rent; failure to do so places the remaining tenants in the position of a possible eviction.

Gail