One of the roomate have not pay the rent . Landloard took us to the court

Question

I entered into a lease agreement with two other roommates for a term of one year until March 1. Unfortunately, one of them has been refusing to pay rent for some time. As a result, the landlord has taken all of us to court since all our names are on the lease. The roommate who consistently paid rent on time has vacated the apartment at the end of the lease, while the roommate who has not been paying rent and I remain in the apartment. We have not signed a new lease agreement. Despite my consistent payment of rent, my roommate continues to default on payments. 
 
We have a court date scheduled for the 10th of June. I am considering leaving the apartment at the end of June. However, my landlord has informed me that leaving the apartment will not remove my name from the legal case. 
 
I am reaching out to seek advice on what steps I should take. Is there any way to remove myself from the legal proceedings? Your guidance would be greatly appreciated

Elaine Shay · Answer

Generally, tenants are jointly and severally liable for rent payments until the vacant apartment is surrendered to the landlord.  In plain language this means that whatever agreement roommates may have between themselves regarding how the rent will be share the landlord can look to any of the tenants to collect the full balance due.  Leaving an apartment that you have leased without surrendering vacant possession of the apartment to the landlord does not end your liability for rent payments. 
 
Most landlords have attorneys representing their interests and it is always a good idea for a tenant to retain counsel to do the same.

Steven Warren Smollens · Answer

Dear Manhattan Tenant: 
 
A lawyer's initial inquiry concerns the reasons you had to Answer the Petition and secure a trial date (https://www.nysenate.gov/legislation/laws/RPA/732). Generally, if the petition is not served upon the tenant by personal delivery directly upon the tenant, the court does not secure personal jurisdiction and the ability to award a monetary judgment to the landlord if the tenant does not answer the petition. When a tenant does not have a new lease, owes rent, is planning to move out, and is not served in person, the better decision is often to allow for a default judgment.   
 
But when a tenant answers and secures a court date even when personal jurisdiction was not obtained, answering the petition concedes personal jurisdiction and cuts off the tenant's option to simply move out.  
 
Your landlord is correct. Simply moving out after you answer a petition and doing so without any protection will allow the landlord to secure a judgment for possession and a judgment for monetary damages for the unpaid rent. 
 
I  do not know anything about your case, how you were served, or what defenses you asserted when you went to court to secure a court date.

Q: One of the roomate have not pay the rent . Landloard took us to the court