Do my roommates get to decide who replaces me on the lease if I decide to move out?

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Do my roommates get to decide who replaces me on the lease if I decide to move out?

I am in a 12 month lease with 3 other people. But I have decided to move out. There are about 6 months left on the lease and I am trying to find someone to take over the rest of my lease. Do my roommates have any say in who takes over my lease?

Asked on December 14, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are a signatory on the written lease with your landlord and the three other roommates, and you want to vacate the lease, you ultimately should decide who the person will be to sub-lease from you regardless of what your current roommates say unless they are willing to pay your share of the rent while you are out of the unit pending the approval of a replacement roommate.

Assuming you sub-lease the unit, I recommend that you sign a written sub-lease with him or her setting forth the terms of the balance of the last 6 months on your master lease with the landlord.

 


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