Trial Required on Roommate's Duty to Pay Rent

Subtenant sued former roommate in small claims court for roommate's share of the rent after roommate moved out before the lease ended. Both subtenant and roommate had signed a sublease with landlord cooperative apartment owner. Roommate claimed that his share of the $1,300 rent was only $635 because subtenant had use of the larger bedroom. The court ruled for subtenant. Since both signed the sublease, both were responsible for the total rent owed for the entire term of the sublease. Subtenant and roommate had agreed with each other that each would pay his share of the rent, at least for as long as each occupied the apartment. But a trial was needed to determine whether roommate left voluntarily and whether subtenant had a duty to mitigate the damages.

Ettman v. Wander: NYLJ, 5/4/05, p. 27, col. 1 (Civ. Ct. Kings; Battaglia, J)