Can a roommate move someone in if you have to leave but are still paying rent?

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Can a roommate move someone in if you have to leave but are still paying rent?

My daughter was in college in another town and shared a lease on a house with a friend. She now has a job back in her home town and has another 5 months on the lease. She was going to just pay the monthly payment and she found out that her friend has her ex living in the house with her. She said something to the landlord and the landlord said she could just pay 1/2 of her 1/2 of the lease until it ends. Isn’t the friend breaking the lease by having her ex live there?

Asked on September 26, 2012 under Real Estate Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It's only a violation of the lease if--

1) The lease limits or restricts who can live there; not all leases do (with no restriction, a person can move in a friend or significant other or ex to live with them); or

2) By moving the other person in, it deprives another tenant of his or her ability to live there; so if the ex moved into your daughter's room, so your daughter can't live there, that would be a violation of the lease and could give your daughter the right to take legal action against her friend for moving the ex in and denying your daughter possession.


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