Do two signers on a lease need to both consent in order to break the lease?

[galeasetrouble]

I am in a 12 month lease with a roommate. Our lease is not a "roommate lease", and we are jointly responsible for the entire lease. However, in 60 days our lease is up. I wish to move out, but my roommate does not wish to move. The leasing office is telling me that it is impossible for the lease to be terminated at the end of the 12 months without both of our signatures on a form stating that we intend to vacate. Is this legally possible in Georgia?

Given that the original lease was for 12-months, and that the terms of the lease have been met satisfactorily (never late on rent, paid before deadline, etc.) shouldn't my legal obligations to the leasing company be over? Or is there some basis that they can force me to continue paying monthly rent or force me to renew the lease if I cannot get my roommate's signature on an "intent to vacate form"? As he does not wish to vacate, and he wishes to continue living in the apartment regardless of my residency status, he would obviously not desire to sign this form.

So, can my roommate essentially force me to continue living beyond the original 12-month period by refusing to sign? While he has not stated this, he certainly does not wish to vacate the property as he has horrible credit and probably wouldn't re-qualify if he had to re-apply.

 

[mightymoose]

No, they do not need to agree. If one tenant leaves, the better had better be able to cover the full rent.

Anyway- since your lease is up in 60 days, if you are leaving at that time then you are not breaking the lease. Make sure you give the landlord at least 30 days notice of your intent to leave. Your lease automatically becomes a month to month lease at the end of the original 12 month agreement. If you don't give notice of your intent to leave then the landlord will still be holding you to the month to month terms.

Your roommate can either move or find a new roommate to come in when you go. It is possible that you will have some difficulty claiming any deposit that you may have given when you moved in. If you are on good terms with the landlord you MIGHT be able to get a deposit refund as soon as a new tenant comes in... and that tenant gives a deposit.

 

[galeasetrouble]

Thank you for your quick reply Mr. Moose. That was my understanding as well. However, the landlord specifically stated that unless both parties sign an "intent to vacate" form 60 days prior to moving out we will be unable to terminate the lease, and therefore unable to leave without paying (at least) 3 months rent on a month-month basis. To me this smells a little bit fishy - their entire argument is based on the two signers of the lease (My roommate and me) being jointly responsible for the lease. However, after 12 months the lease is completed and it should not matter (if I have given proper notice) if we were previously both responsible for the lease - after all, doesn't no lease exist after these twelve months?

So, what you say makes sense. However, what I am hearing from the landlord does not make a lot of sense. They are arguing that unless I have consent from my roommate, after the twelve months is up, I cannot leave the apartment. Yet, it is a 12 month lease, and those 12 months are fast approaching.