Breaking the lease + roommate

[lostinmn]

I am thinking to break a lease, my current contract expires next year and it's a long wait. I have a roommate and both of our names are on the lease. There are fees associated with breaking the lease, and while it's a bitter pill to take, I'd rather do that than live in hell. What obligations do I have to the roommate if he doesn't want to break the lease or move out? Do I really have to stay until the lease expires? Finding someone else to replace me isn't really an option because he wouldn't agree to that either.

 

[Gail_in_Georgia]

Most leases state that all who sign are "jointly and severally" responsible.

If one of the tenants wishes to terminate their part of the lease, ALL involved (all other tenants listed on the lease and the landlord) must agree to this. All sign an agreement stating this.

If not and you simply leave, your roommate would remain responsible for the entire rent and would be able to sue you for your share.

Gail

 

[mightymoose]

You can minimize the damage by finding someone that is willing to move in as soon as you move out. If the landlord is not out any money by your leaving early, then there is nothing to sue you for.
If you find someone who is qualified and willing to move in and the landlord denies that person, you are still off the hook. The landlord might still try and sue you, but you can show that a renter was denied in your defense.