If two tenants sign a 1 year rental agreement and 1 decides to move out are they still responsible for half of the rent?

Real Estate 3 views 2 answers
I signed a 1 year lease for an apartment with my girlfriend at the time, two months into the lease she moved out unannounced, but is still on the lease. This has created a problem, because I only signed on understanding that I would only be responsible for my half of the rent due for the 1 year term. I understand that she would still be liable for any property damage, and liable for eviction, and collection of past due rents if I were to become delinquent on payment. Many of her belongings still remain in the apartment. I feel I am injured, because I would incur extra hardship and costs to relocate to less desirable living quarters. Am I entitled to make her to continue to pay her half, or ask her to buy out her remaining portion of rent due until the end of the lease term?

Attorney Answers

2
Alan Baker ·
Based on what you have said and assuming you have not left out any relevant information, I think you can require her to continue to pay her half of the rent. However you may have a duty to try and mitigate your damages by finding a new subtenant if reasonable under the circumstances. For a breach of contract (lease) you are not entitled to additional damages connected to your emotional distress.
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Elizabeth Powell ·
Also, your rental agreement specified you and your ex. You have to be sure that the roommate you select is OK and understand that the landlord has the final say as to whether you can substitute a new person, or not. Your liability with your ex is joint and several. You can sue her for not contributing to the total cost of the tenancy, but you'd do better to wait until the lease is up, and see if you can mitigate your damages in the meantime with a new roommate. Also, considering how quickly rents are going up in town, it may be easier to negotiate an earlier termination than you think. Elizabeth Powell
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