Can a landlord demand full rent on the first when a roommate gave 30 day’s notice that they are vacating on the 11th?

Question

My roommate gave 30 days notice to me and my landlord, the 11th is her last day. My roommate has paid one third of the rent (10 days) and I have paid my half of the rent. Since today is the 3rd, I have prospective roommates waiting to meet with the landlord for approval and then move-in on the 11th.

The landlord is demanding that the whole rent is due on the 1st. Is this legal?

The landlord does not allow subleasing and my roommate and I are on a month-to-month lease together that forbids subleasing.

Answer 1

As joint tenants you are jointly and severally responsible for the full month’s rent each and every month. 1/2 + 1/6 = 2/3 < 1 - the landlord needs to get the rent - how you arrange that between you and your (ex-)roommate is up to you.

I would be very surprised if the lease allows one of you to give notice, as joint tenants you leave or stay together. Legally, there is only one tenant - both of you together. Unless and until her name is off the lease, she remains responsible for the rent (as do you). If the landlord is willing to take her off and put someone else o, Lucky for you, but they are not required to.