Summary
In New York, if a lease states joint and several liability, both tenants are responsible for the full rent. If your roommate moves out, they may still be liable for their share until a suitable replacement is found. To strengthen your case, emphasize the lease terms, document efforts to find a replacement, and ensure your criteria are reasonable. Your roommate might argue that their notice was reasonable and your criteria too restrictive. Keep records of all communications and agreements related to the lease and notice period. Consider seeking legal advice or proceeding with a small claims court if necessary.Full Conversation
My roommate and I are on the lease starting in October * till January *. She has decided to move out in march * and won’t pay rent for April onwards. We both are trying to g to find replacement but my criteria is a single female (no couple or single mother) I have a few people interested to move in June. Do I have a strong case to make her pay till replacement is found by taking her to small court. Would she have a strong case if she says that she gave me a 60 days notice and that the replacement I want is too narrow
That sounds like a tricky situation. In New York:
- Lease agreements typically hold both parties responsible for the rent.
- If she moves out, she might still be responsible for her share until a suitable replacement is found.
- Your criteria for a replacement should be reasonable and not too restrictive.
Would you like to discuss more about your lease terms or need help finding local legal assistance?
Lease says we are jointly and severally liable
Thanks for sharing that. Given you are jointly and severally liable, both of you are responsible for the entire rent amount. Your roommate's 60 days notice might not release her from this obligation, especially if the lease doesn't specify such a clause. Ensuring your replacement criteria are reasonable is also crucial to avoid potential disputes.
Would you like more detailed information on how to proceed with a small claims court or need further assistance?
what could she say that could make her case strong
To strengthen her case, your roommate might argue:
- She gave a reasonable 60 days notice.
- Your replacement criteria are too restrictive and unreasonable.
- She made sincere efforts to find a replacement within a reasonable timeframe.
Would you need more detailed information on how to proceed with a small claims court?
so how can I make my case stronger for these points
Case Rating: *
To strengthen your case:
- Emphasize the lease agreement clause that states joint and several liability.
- Highlight any efforts you've made to find a replacement.
- Show that your criteria for a replacement is reasonable and not overly restrictive.
- Document any communications and agreements related to the lease and notice period.
Would you like more detailed information on how to proceed with a small claims court?
I Wanna win
Case Rating: *
It looks like you have a solid understanding of your position. To further strengthen your case:
- Keep detailed records of your efforts to find a replacement.
- Ensure your criteria are reasonable and non-discriminatory.
- Gather any communication that supports your roommate's obligation under the lease.
Would you like more detailed information on how to proceed with a small claims court?
yeah She is on the lease
Case Rating: *
It's good that you have a clear understanding of your position.
Here's a summary of how to strengthen your case:
- Emphasize the joint and several liability clause in the lease.
- Document all efforts to find a replacement.
- Ensure the replacement criteria are reasonable.
- Keep records of all communications regarding the lease and notice period.
Would you like more detailed information on how to proceed with a small claims court?
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