Can I leave my roommate from hell without being responsible for the rest of the rent?

July 5, 2024 – Media Mention
Brick Underground

Herrick partner, Andrew J. Wagner, was quoted in a Brick Underground article explaining some of the nuances of sharing an apartment in New York City when roommates clash.

If you’re not listed on the lease, you should be able to move out without having to pay more than a month’s rent, said Andrew Wagner.

"Absent written agreement, you are not obligated to pay rent though the end of lease term," he noted. If you have a verbal agreement, your roommate could sue you for your share of the rent though it would be their word against yours, Andrew added.

The articles continues, "If you are on the lease and your roommate isn’t, you'd have to bring an eviction case against your roommate to kick them out, though the process "could last longer than the lease term," Andrew added."

If your roommate breaks the law it can be easier to evict them. The article notes that, "Wagner once had a case where a landlord was able to evict a tenant’s roommate because the roommate was running an illegal business out of the apartment."

Read the full article in Brick Underground.