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Roommate Rights Lawyers
What is a Roommate?
A roommate is a type of tenant who is responsible either to the landlord or to the named tenant:
- Joint tenant - roommates named on the lease are each fully responsible for the amount of rent owed the landlord
- Subtenant - a roommate who is not named on the lease is responsible for his share of the rent to the roommate named on the lease
Can a Roommate Get Out of a Lease Early?
When a roommate tries to get out of a lease early, it has the effect of leaving the other roommate(s) ¿holding the bag.¿ If the roommate is named on the lease, he cannot get out of the lease early and is legally responsible for his share. Unfortunately, sometimes the only way to enforce this is by threatening to sue the roommate for his share of the rent. If a roommate is not named on the lease, however, the named roommate may be responsible for the full rent owed the landlord.
What Are Your Options when Dealing with Roommates Regarding Lease Issues?
If a roommate tries to leave you holding the bag, you should check the lease agreement to see if there is a provision that lets you end the lease early by paying an extra fee. If you decide to do this, you will no longer be responsible for the lease, but of course, you will have to find another place to live.
Do I Need a Real Estate Attorney?
If your roommate wants to get out of your lease early, it is a good idea to talk to a real estate attorney. The attorney can advise you about the best way to avoid being responsible for your roommate's share of the lease.
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