Do I need my roommate’s approval to reassign my portion of the lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I need my roommate’s approval to reassign my portion of the lease?
I have been renting a home for the past 2 years with 2 roommates and we have signed a 1 year lease that ends in about 6 months. I would like to assign my portion of the lease to a new tenant so that I can move out. My landlord has said they would allow this but 1 of the roommates does not approve. Do I need their approval despite my landlord agreeing to the reassignment? And if I am allowed to reassign, what are the penalties for reassigning a lease? I’m being told by my landlord that I have to pay my balance of the lease minus 1 month.
Asked on April 10, 2012 under Real Estate Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) You only need your roommate's approval if the lease itself states somewhere in it that the approval of all parties or of co-tenants is required for assignment.
2) As a general matter, there is no penalty for assigning a lease; if the new tenant picks up the rental seamlessly, so the landlord is not out anything, you would not have to pay anything extra--unless, that is, that the lease itself provides for some fee in the event of assignment; if it does, that fee is likely enforceable, though for a definitive answer, you should an attorney review 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.