What to do if my roommate terminated the lease and moved out when there is over 2 months left on the lease?

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What to do if my roommate terminated the lease and moved out when there is over 2 months left on the lease?

Now, he’s room is still locked and he hasn’t taken his stuff out of the room and cleaned it. I called the landlord, and he said that since I am the only one being on the lease, I am obligated to pay the full amount which I cannot afford. Is my ex roommate obligated to pay for the days that his room has been locked and occupied by his belongings, because people have been wanting to see the room, but with no success since the door is locked.

Asked on October 20, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written, if there are still several months left on the lease that you have written about your roommate is still obligated for his or her share until the lease ends per its terms. Your recourse is to get a roommate short term to pay for the rent or pay the roommate's share and then sue him or her for the portion that you overpaid beyond the amount you are obligated under.

I suggest that you consult with your landlord to see what can be done to try and get the problem resolved. So long as the roommate's belongings are still on premises, you cannot legally remove them.


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