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No roommate agreement. One roommates wants to move out early of 1 year lease. Who pays rent?

Law Asked by user9999123 on August 28, 2021

Let’s assume that two co-tenants jointly signed a 1 year lease with landlord. One co-tenant now wants to move out early after living there just 1 month. There is no roommate agreement.

What are the leaving co-tenant’s obligations in terms of paying rent:

  1. Fixed amount of days? Like 30 days after giving formal notice?
  2. Until replacement roommate is found?
  3. Until 1 year lease expires and converts into a month-to-month rent?
  4. Something else?

One Answer

Who pays rent?

It entirely depends on the terms of the lease the co-tenants jointly signed. It is impossible to address your question with specificity or certainty unless we know the terms of the lease.

For instance, if the lease mentions that co-tenants are jointly and severally liable, then the landlord is entitled to recover from any co-tenant any and all fees pursuant to the lease. In that case it would not matter who left prematurely or why. Absent a roommate agreement, the payer might in turn have a claim on equitable grounds, on a theory of implied contract, or quasi-contract against the co-tenant who left prematurely, although that is a separate matter and does not alter the landlord's entitlement to obtain full recovery from any co-tenant.

Answered by Iñaki Viggers on August 28, 2021

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