Q: My roommate who is on my lease in NYC decided to move out early. Can I ask for her to now be "released from my lease"?
Hello, I am in NYC. My roommate, who is co-signed on my lease agreement, decided to move out of our apartment before the end of the lease and break our lease. She told me that she is not allowed to technically be removed from the lease until a new roommate is found to replace her. However, I do not trust her because she has been doing very spiteful things to me. I am worried that she is going to have a new potential roommate who I have never met sign onto the lease without my permission and without me approving of them. Am I legally allowed to "release" her from the lease so I can look for a new roommate on my own and not worry about her doing anything behind my back? I am worried if I try to "release her from the lease" that she will accuse me of trying to illegally evict her (even though she already decided to move out)?
A:
Dear Brooklyn Tenant
Your co-tenant is mistaken. As soon as she departed and ceased payment of rent you could bring in a Roommate to replace her. This right to a Roommate is created by State law. It does not require reformation of the lease and does not require consent by the departed co-tenant and landlord.
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