If 2 tenants rent a property and 1 moves out before the lease is up, do they owe the remaining tenant compensation?

Asked 2/9/2012 under Landlord / Tenant | 34 View(s) | More Legal Topics

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Landlord / Tenant Law Answers

Normally, when two (or more) tenants jointly rent an property, they are jointly and severally responsible for the full rent. That is, even if one or more tenants moves out, breaks the lease, etc., the full amount of rent is still due, and the landlord may look to collect it from any or all of them--that is, the landlord could seek the full rent from the remaining tenant, and if he or she does not pay it, evict him or her, then potentially sue for the money owed.

Of course, a lease could be set up so that each tenant is specifically responsible for a certain amount, so that if a tenant moves out, the remaining tenant does not owe that person's share. That would be highly unusual, but if the lease in question is written that way, it is legal.

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