How to minimize liability and costs if my roommate is looking to our break lease?

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How to minimize liability and costs if my roommate is looking to our break lease?

My roommate and I signed a shared 1 year lease. 3 months in, he’s looking to move out. Fees associated with breaking the lease are the following: 60 days notice 2 months rent early termination fee For him, the regular 2 months rent during those 60 days + 1.5 months rent we were given free as a part of a promotion, but will need to give back if lease is broken Assume for the moment we have difficulty finding a replacement roommate to take over his lease, and it’s difficult to get him to pay up. What’s the best course of action for me to take and not takea  financial hit. Willing to sue.

Asked on February 28, 2012 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would suggest to your current roommate that he start trying to sublease the unit you share with him as soon as possible so you do not take the hit for the full month's rent and if he moves out without a subtenant that he pay his share of the rent.

I suggest getting an agreement in writing signed by him to this effect.

If he fails to do the above suggestions where you have to pay the full rent, your recourse would be to file suit against him for all monies paid for his share. In the interim, you would then need to try and rent out his spot to mitigate your damages.


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