What to do if I live with a roommate and I have 6 months left on the lease but want to move out?

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What to do if I live with a roommate and I have 6 months left on the lease but want to move out?

It is very difficult to live with her I spoke to the leasing office and trying to get out of the apartment. They stated that I had 2 options: break the lease or have her sign me off the lease. If she fails to do either, can she take me to court? Also, if she does sign to take me off the lease, can she still take me to court? Do I have any other options?

Asked on October 10, 2012 under Real Estate Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless your lease agreement or contract with the leasing office has a different remedy, then you really are stuck with the two options that they have laid out to you:  have her sign you off or break the lease.  The lease is a contract between you and the leasing office.... not you and her.  So, the only person that would have a right to sue you at any point would be the leasing office.  The exception to this answer would be unless the lease agreement provides otherwise-- but most lease agreement bind the parties jointly and don't vest the right to sue in the other tenant.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you really need is for your roommate and the landlord for the unit you have to remove you from liabilitity the lease that you are obligated for another six (6) months by way of a written document dated and signed by both.

If that does not happen, then your legal recourse is to break the lease and pay your share of the rental while you are not there, stick out the remaining time, or sub-lease your time left on the unit to a third party who essentially pays you as the landlord for rent and you pay the landlord your contractual obligation.


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