• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lease/ Cosigner Issue

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ilikethings

Junior Member
New York State.

I am having an issue with a roommate who I have recently signed a one year lease with. We are only in the third month of the lease and things are not working out. Living conditions are unbearable; I am still paying rent but am not currently staying at the property. I have tried to work things out with my cosigner but they are not cooperating. I have offered to take full responsibility of the lease but they refuse to authorize the landlord to remove their name; and will not give the landlord permission to have my name removed. They are refusing to pay rent and will not vacate the premises. The landlord is not offering any alternative; obviously as the property owner they are only concerned with collecting the rent and are threatening legal action if the rent is not paid on time or if the lease is violated. Do I have any legal recourse or can anyone offer any suggestions as to best handle this matter?
 


BL

Senior Member
New York State.

I am having an issue with a roommate who I have recently signed a one year lease with. We are only in the third month of the lease and things are not working out. Living conditions are unbearable; I am still paying rent but am not currently staying at the property. I have tried to work things out with my cosigner but they are not cooperating. I have offered to take full responsibility of the lease but they refuse to authorize the landlord to remove their name; and will not give the landlord permission to have my name removed. They are refusing to pay rent and will not vacate the premises. The landlord is not offering any alternative; obviously as the property owner they are only concerned with collecting the rent and are threatening legal action if the rent is not paid on time or if the lease is violated. Do I have any legal recourse or can anyone offer any suggestions as to best handle this matter?
It sounds like you wimped out and are letting a deadbeat live for free , all to him/her self .

Move back in there , and hope sooner or later he/she moves out , or does something to get thrown off the property in violation of the lease .

Try making it unbearable for the deadbeat to stay there .

Other than that , it's a roommate issue , and I don't blame the LL for holding you both to the lease .

You should have gotten an agreement with the co-signer / roommate to split the cost , then you could sue him/her .
 

Who's Liable?

Senior Member
If the roommate is not paying rent, move out and sue the roommate for any costs associated with the early termination. You can argue that her refusal to pay rent was constructive eviction and but for her actions you would still be there.
 

BL

Senior Member
If the roommate is not paying rent, move out and sue the roommate for any costs associated with the early termination. You can argue that her refusal to pay rent was constructive eviction and but for her actions you would still be there.
The poster may be able to get a Judgment that way , but the eviction ( if the LL were to take it that far ) , would be on both of their records.

Even with a judgment against the roommate ., it may be difficult to collect .

Plus constructive eviction would fall with the LL / tenant(s) on an issue(s) severe enough.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top