If 2 people sign a year lease and 1 of them leaves, is that person responsible for their half for the remainder of the lease?

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If 2 people sign a year lease and 1 of them leaves, is that person responsible for their half for the remainder of the lease?

Or will the other person on the lease have to continue the lease?

Asked on May 9, 2012 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If two people signed a lease, they are both obligated for the rent for the full period or term of the lease. If the full rent is not paid, the landlord may evict them and may also sue eithe or both of them for the rent he or she was due (and/or take the rent out of the security deposit).

So the answer is, both people are liable to the landlord, and either or both could be sued by the landlord if the rent is not paid. The person who did not move out could also be evicted if the full rent--not just his or her share--is not paid each month.

The person who did not move out could also sue the person who did break the lease, under both the lease itself (which is a contract) as well as pursuant to any agreement(s) between the people as to who would pay what, to recover both that person's share of the rent and also any damages or costs which that person's breach caused the person who did not move out ot suffer. (E.g. if the person who did not move out was then evicted, for moving costs.)


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