My roommate left me in a bind...

I lost my roommate and won’t be able to afford the rent on my own. I can carry the rent for a few months with my savings but if I don’t find a room mate after that, what can I do?

You are facing a really common problem. What you can do depends on whether you want to keep the apartment or not and if you are on the lease.

If you don’t want the apartment, and your name isn’t on the lease, the easiest thing to do is to walk away. If your name is on the lease, approach the landlord and explain the situation. You essentially want to break the lease. Depending on the wording of your lease, you may be able to get out of the contract with 30, 60, or 90 days notice or you may have to find a replacement tenant. It is important to remember however that in New York, everyone listed on the lease is “jointly and severally” liable. This means that you are liable for the entire lease amount, not just your share of the rent.

If you do want to keep the apartment it gets a bit more complicated. If your name isn’t on the lease you should consult an attorney. A landlord is not likely to allow you to stay if you don’t qualify for the apartment. While you may be able to just keep paying the rent and no one will notice, you wouldn’t have a legal right to be in the apartment. If you live in a doorman building or have a nosy neighbor, you may have a serious problem if the landlord discovers that you are essentially squatting.

If your name is on the lease, read the lease itself. Most leases state whether or not you can add people without advanced permission. If your lease allows roommates without approval, you can move in whomever you want. Just remember that you are legally the only person responsible for the payments. Other leases will allow you to take on a roommate provided that you get the person approved by the landlord. In this situation, the potential roommate will have to complete and application and meet the same requirements as you did when you moved in.

originally posted February 10, 2007