Can you get out of a lease if your landlord does not meet his obligations as a landlord, and you have roomates who are still on the lease?

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Can you get out of a lease if your landlord does not meet his obligations as a landlord, and you have roomates who are still on the lease?

I went to an attorney and he said based on my arguments I could get out of the lease even though my roomates are still on the lease. So My attorney and I wrote a letter to my landlord and I have not heard anything from him since. It has been over 2 weeks, and I did not pay rent for this past month, all my stuff is completely moved out. My ex-roomates still live in the apartment and are now threatening to sue me. Is this plausible? My reasons for getting out of the lease: My roomates brought in a cat, after I told them I am allergic and the lease clearly states no pets, and illegal **** use

Asked on June 9, 2009 under Real Estate Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The landlord will try and get your portion of the rent due from those still occupying the rental unit.  Legally they are responsible for payment.  If he doesn't get it from them, then he may try to proceed against you; but based on you attorney's opinion he cannot.  Since your lawyer is licensed in your state I would accept that as true.

As for your roommates, if they do sue it would be in small claims court.  Given your medical condition, your allergy, I doubt that any claim that your roommates try to make against you will be successful.

 


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