Can I leave my apartment at the end of my lease even if my roommate doesn’t?

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Can I leave my apartment at the end of my lease even if my roommate doesn’t?

My lease with my apartment area is about to expire. I am currently a cosigner on the lease and would like to move out. My landlord is telling me that even though the lease is expiring, if my roomate doesn’t agree to move out that I am still responsible for rent and damages. Is this right even if I give the landlord and roommate 30 days notice?

Asked on May 25, 2012 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the lease expires, you are no longer liable or obligated under it. If you move out when it does, you would not be liable as a holdover tenant, even though your roommate would be liable if he/she does not leave. You are not liable for your roommate's bad or unlawful acts, except as you have agreed to be liable in the lease. Your liabilty as co-signor or co-tenant, though, will end when the lease ends--i.e. when you sign a lease for definite term, you are liable only for that term--unless and only to the extent that the lease itself provides for some continuing liability or obligation. So you should double check the lease, to see exactly and to what extent and for how long you are liable; but as a general matter, if you move out on time, you are not responsible for what occurs after the expiration of your lease.


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