Ifone of the tenants to a lease leaves, is the lease still valid?

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Ifone of the tenants to a lease leaves, is the lease still valid?

Our landlord had us sign a lease – 5 tenents signed. One of the tenants moved out and broke the lease, so would that mean it is still active? Also, the e-mail he sent me and my roommaets with the scanned lease is missing the page that has the address on it. I’m concerned because if I can’t find a sublet I won’t be able to pay rent for Novemeber, and then be sued.

Asked on October 13, 2010 under Real Estate Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, the lease is still valid.  You signed it jointly and severally, I am sure.  That means that you are all obligated to pay the rent as a group and individually.  But as for the sublet, that would be an issue determined by the provisions in the lease.  What does the lease say?  Does it say that you can or can not sublet or that you can only with approval of the landlord?  I would take the lease to an attorney to review for you.  You may need to sue the other tenant for the rent.  And if you have been sent an incomplete copy of the lease ask for the page or pages that are missing.  Good luck.


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