Can 1 person break a joint lease with the permission of the landlord but not the other people on the lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can 1 person break a joint lease with the permission of the landlord but not the other people on the lease?
My ex-girlfriend and I signed a 1 year lease in 08/10. We had a friend move in who was also added to the lease. I would like to move out and the landlord has agreed to take me off the lease but my roommates think that I should still be responsible for my share of rent. So can I move out and break my part of the lease with the landlord’s permission?
Asked on March 30, 2011 under Real Estate Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, if there are other people on the lease--like your ex-girlfriend or that other person--you can't be let off the lease without their agreement, too. As a general rule, the consent of all parties to a contract--and that's what a lease is, a contract--must agree to a modification, including removing a party. Remember, if you are let out, that reduces the number of people responsible for the rent (or damage to the apartment), which increases the potential costs and liability for those still on the lease; you can't increase their cost or liability without their consent. If they won't agree to let you off the lease, an option is to sublet or assign your share--i.e. you find another person to take responsbility or step into your shoes.
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.