No-Subletting/Assignment Issues

[Zionist]

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

I signed onto a lease with a roommate for law school. It is one lease and I would say we are both co-equals... co-tenants. My father is listed as the lessee. Roommate and I are listed as the occupants.

Recent developments have created much turmoil.

Roommate wants to move out into a new place, already signed a new lease. Our lease is not up until around August (we are only nearing the end of January right now).

He claims the no-sublet/assignment term is illegal and requires a reasonable standard.

THE LEASE TERM IN QUESTION:
http://img292.imageshack.us/img292/3964/35706429ra1.jpg

I found my roommate on our student roommate list.

Even if this term is found to be illegal, he's searching for replacement roommates on Craigslist. I feel this is totally unacceptable, as I cannot feel comfortable living with someone who essentially has no bona fides. I selected my current roommate based on the premise that he is similarly situated with similar obligations (hence a more predictable living environment.)

I'm only now taking property. If I had property notched onto my belt, I wouldn't be here asking for your advice, but that isn't the case.... so please do assist.

 

[Cvillecpm]

You need to be working with landlord to collect rent from roommate and if roommate does not pay, you need to pay and sue roommate in Small Claims court.

You and landlord need to approve any replacement resident.

 

[Zionist]

I was presuming that would be the case, but what is the case law here? OR how do I find it? Either my lexis skills are sub-par, or this case law is just buried under a mess of nonsensical words.

Also what sort of gray area is here when it comes to the criteria under which I can approve or disapprove a replacement?

 

[Zionist]

To what extent to have a right to approve this new tenant?

 

[Hot Topic]

Do you mean to what extent does your father have the right to approve the applicant? More than you do, actually, if he's the lessee.

 

[Zionist]

Wow, I really fudged that sentence.

I meant to what extent do I have the right to approve a replacement roommate? Do I have a sort of veto power here as a co-tenant?

I'm going to sue his face off for the remaining rent payments on the lease, and for utilities for which he agreed to split with me for the duration of the lease. Let us hope it does not come to that though.

 

[FarmerJ]

Z first since you are only occupant I will bet its your father who will have to see to it the entire rent is paid and be the one to file small claims case against the other party listed on the lease. You also wrote > He claims the no-sublet/assignment term is illegal and requires a reasonable standard.< your roomate is not correct. The owner of a rental can forbid sublets ! it is done all the time , this way the owner is able to screen prospective replacement tenants when one co tenant leaves and a replacement is found. IN the time being feel free to assist finding people you could actually live with and contact the owner so the owner can screen them. Your roomate has no say in who the LL will end up picking , it will be done according to the LLs criteria wich could include a parent co signing or signing the lease the way your father did. When a roomate moves out before a lease is over the tenant who remains cannot expect to get to keep the unit to them self and force the roomate who left to pay for many months of rents. If you work hard at assisting to find a replacement it should be possible to have one in place with in a month or two of the roomate moving out. THEN your dad can gather his rent reciepts and sue the roomate for what they should have been paying in rent.

 

[Zionist]

My major objective is to get a fellow student in, that was my intention all along. I was the one who found the current roommate, my source for these potential roommates was exclusively the school's roommate listing.

I cannot in good conscience allow a replacement when doing so would breach my contractual obligations.