DoI legally have to pay my share of the rent afterI breakmy lease?

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DoI legally have to pay my share of the rent afterI breakmy lease?

I currently live in a 2 bedroom apartment with my best friend. Her boyfriend recently moved in without notifying the landlord, which is a breach of contract. I want to move back home and get my name off the lease due to financial and emotional issues. My friend is insisting that I pay the rent after I move out. She doesn’t want to live with a stranger so she is insisting I don’t put an ad on craigslist for another roommate. I can’t afford to pay the rent if I am not living there. I want to know if I have any rights against not paying and her not informing the landlord of her boyfriend moving in?

Asked on December 27, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If you are on the lease, you are legally obligated to pay--if the total is not paid (e.g. by the roommate, boyfriend, whomever is living there), the landlord could sue you under the lease; and your roomate could sue you for your share or contribution if she has to make up the difference.

2) Unless the lease specifically says that you can't assign or sublet the lease, you have the right to look for someone to take over your lease or sublet from you. It doesn't matter if your roommate doesn't want this, as long as the lease allows it.

3) Your roommate violating the lease might give the landlord grounds to evict her if he wanted; but it won't help with your obligations.


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