How to break a lease with an unruly roommate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to break a lease with an unruly roommate?
My daughter has co-signed a lease with another young lady who has turned out to be totally not how she described herself – she parties late and brings home her girlfriend’s late at night. She expects my daughter to be quite in the mornings when she is getting ready for school in return. How does my daughter get out of this lease. Front desk says her roommate must release her; her roommate says not a chance she has to deal with it. Can she take this to a small claims court and force the girl to release my her?
Asked on September 18, 2012 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, problems with a roommate do not entitle a tenant to break his or her lease with the landlord; the lease, after all, is a contract between the landlord and the tenant(s), and so long as the landlord is honoring its obligations (e.g. providing the space it's supposed to), the tenants must honor their obligations (e.g. pay rent). Like any other contract, to modify a lease, such as by releasing one party to it, requires the consent of all parties--that is, the front desk is right and your daughter's roommate would have to agree to let her out of the lease.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.