What happens when 2 people are signed on a lease and 1 leaves?
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What happens when 2 people are signed on a lease and 1 leaves?
Asked on December 13, 2012 under Real Estate Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A lease is a contract and if your roommate moved before t ended then they are in breach of it. Therefore, you can sue them in small claims court for any amounts the you must pay on their behalf. Additionally, you can mitigate your damages (i.e. lessen what you owe your landlord) by getting another roommate to take their place.
However, you are still required to cover the full amount of the rent. The fact is that when you signed the lease, you became legally responsible for the entire rent, not just your shareof it. This is pursuant to the legal theory of "joint and several liability". This means that if one tenant doesn't pay their share of the rent, then any other tenant is responsible.
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