Ifour roommate has abandoned the condo, can we get landlord to remove her name and put a new person on?

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Ifour roommate has abandoned the condo, can we get landlord to remove her name and put a new person on?

I’m a college student with a 3 person on lease issue. One has moved out and has yet to sign it over to someone else willing to take her place. Can landlord override her and put new person on (since we can’t locate her)? Is this a problem if she still owes some back rent?

Asked on February 1, 2012 under Real Estate Law, West Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your lease is with three people, all three of you are jointly and severally liable for the monies due on the rent unless the rental agreement is divided literally to only have each of you responsible for 1/3. I believe it most likely the former occurred in your lease, which means each of the remaining two of you is responsible for the total rent and you would need to seek compensation/contribution by suing the third when you find her. As to the issue of the third tenant, you need to see if your landlord will allow you to surrender your current lease, and sign with a third tenant so that the new tenancy is now valid and you take the brunt of finding the former tenant for a lawsuit.


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