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What legal ramifications can arise for one party (of a 3 roommate situation) breaking the lease and moving out of state?
Anonymous4 views2 answers
My son moved to NC for college and has been working for several years. He lives with 2 other roommates and all 3 of them are on the lease. The lease was renewed in August for another year. The roommates are very irresponsible, and have become financially draining, both for rent and food expenses. My son would like to leave and come back to MO as soon as possible. He realizes he will owe penalties for breaking the lease, and will be paying those costs. The roommates are trying to convince him to stay as they feel they will be evicted if he leaves. I realize you haven't reviewed the lease, but it looks like that could be a possibility. Is there any reason stopping my son from moving, after paying the landlord his expenses and leaving a forwarding address if there are more costs?
Andrew Kenneth DickensContracts / Agreements LawyerCharlotte, NC ·
It would be a good idea to have an attorney review the lease and speak with the landlord on behalf of your son. It would be best if an understanding was reached prior to him leaving, ideally this would be placed in writing. If your son just leaves, there may be unanticipated consequences that could be difficult to deal with. It would be best to reach a written agreement before he leaves so that there is no question what he will be held liable for. An attorney will be able to quickly and inexpensively resolve this issue for you. I hope this is helpful! Feel free to ask further questions if you have them.
I agree with my colleague, Attorney Dickens. As you already understand, yes, your son would likely have to pay an early termination fee if he and the landlord part ways amicably, but keep in mind too that, depending on how the lease is written, your son might continue to be jointly and severally liable on the lease for unpaid rents/other fees, unless he is released by written agreement with the landlord, supported by consideration ($). Sometimes landlords who lease premises to college students will specially design their leases so that each roommate/tenant is only responsible for a pro rata share (in this case, 1/3) of the rent, but absent such a provision, all tenants shoulder liability for unpaid sums. For a small, inexpensive fee, you can have a North Carolina real property/contracts attorney review your son's lease, and give you more specific guidance than the general comments that I and Attorney Dickens have offered. To the extent we can without having seen the lease, I hope we have been helpful to you. Have a blessed Thanksgiving.
