How do I get an absenttenant off my lease?

UPDATED: Nov 28, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I get an absenttenant off my lease?

My 3 roommates and I are bound to a lease than counts all of us as responsible for 1 total payment (rather than individual). It turns out that 1 of our roommates is on the run from the law and has not paid rent/utilities in 3 months. She also has not showed up and evades all contact. What can we do to get this person off our lease? Furthermore, another roommate wants to sublet but cannot without the consent of all roommates. Seeing as the runaway roommate cannot be contacted, this roommate cannot sublet. We also cannot sign any new tenants onto the lease.

Asked on November 28, 2011 under Real Estate Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have an absent roommate that has not paid rent or utilities for three (3) plus months, I would speak with your landlord about the situation and consider deeming the lease obligation by her abandoned and simply move another person in under an oral sublease with the three remaining roommates.

If the one roommate is not the run and you have nowhere to locate her, you will have a hard time serving her with a small claims court action for past due rent that you three (3) fronted as well as her share of the unilities. Before you sublease the room out to a new person, make sure you disclose the situation to the new tenant about the former roommate in writing and all four (4) of you sign the disclosure.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption