Breaking a lease in Queens NY when there are 2 tenants listed?

Question

I made the mistake of renting an apartment in Queens with my second cousin. The situation is unbearable- I buy groceries most of the time, do most of the cleaning, all the utilities are in my name so I have to wait for her share (which is always late), she borrows money all the time (and I can never keep track of it all), flips out over the stupidest things (is a spoiled rotten only child), and makes the apartment a living hell... etc.

Both of our names are on the lease. We have 11 mos. to go. I believe the lease says I cannot sublet the apartment.

I know my cousin cannot afford the place on her own. If I were to move out would I simply forfeit the security deposit and the lease would be void, or would the landlord be able to sue me for my share of the 11 mos rent? And, assuming my cousin would be bold enough to refuse to move out if the landlord were to sue me, might I then have to pay for half of a 2BR apt for her to occupy by herself??? Please help!

Answer 1

You signed a legal binding contract to rent these premises for a year, apparently. Both of you are equally bound to pay the full cost of the rent, should either one or the other default.

Legally, if you cannot sublet, you are bound to at least your half of the rent for the duration of the contract. If your cousin defaults, you will be responsible for the full amount.

Not a pretty picture.

Answer 2

YOU HAVE A FEW OPTIONS:
1. speak to your landlord privately, explain your reasons for moving, see what he says, he may not allow it.
2. offer to do an early termination, meaning u pay some sort of penalty to forfeit the remainder of your lease, both parties would have to sign and agree
3. you would have to do a lease assignementy, which you would transfer the remainder of the lease (11 months) into someone elses name.

i say go with option 3 so u dont loose ur security, someone else can live with ur cousin and put up with her. tellur cousinit isnt working out and see if she knows someone else.