One tenant stays, and one tenant leaves

[sethmachine01]

What is the name of your state (only U.S. law)? MA

My co-tenant and I are the only tenants on our lease and living in our apartment.

We've already paid our last months rent in advance when we first moved in.

My co-tenant may or may not wish to leave. Our lease is at-will--meaning we can move out if we give 30 days notice before the next pay period. That means, if we wish to leave at the end of January, we have to give written notice before the end of December (i.e. before January 1st).

Now my question is, what if my co-tenant wishes to give notice and leave, but I do not wish to leave?

Since there's only a single agreement, does that mean I would have to renew the lease / create a new agreement with the landlord if my co-tenant leaves? And would that put me at risk for needing to find new housing? Nothing on the agreement seems to cover this situation.

Also, since we paid last month's rent in advance, if my co-tenant can leave without forcing me to leave, does that mean I essentially pay a whole month by myself the last month they occupy the apartment?

 

[justalayman]

Unless your co-tenant is willing to remain on the lease and remain liable for your rent and damages, yes, you need to enter into a new contract with the landlord.

Whether it jeopardizes your ability to remain not a legal question. It you qualify on your own you'll probably get to stay. If you dont, you won't.

As far as the next to last month's rent question;

The last months rent is the last months rent. After that month your on your own.