If 2 people are ona lease, how can one person break the lease without the other’s consent?

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If 2 people are ona lease, how can one person break the lease without the other’s consent?

I live with a roommate, we are both one the lease and I want to leave but she doesn’t. She won’t sign for my half of the lease and no one can move in to take over my portion. How can I get out of this apartment?

Asked on November 28, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are not in the best place with regard to this situation.  When you say that "no one can move in to take over my portion" do you mean that the lease prohibits you from subletting your portion?  Then what you may need to do is go to the landlord and ask him to substitute someone that you have found directly on the lease.  A lease is a contract and you are bound by the terms of the contract.  If you do not abide by them you can be sued for the rent.  Your roommate does not have to agree to break the lease - that would still make you liable anyway.  If you have a "good" reasons to plead with your landlord then I would try that.  Otherwise, you are stuck.  Good luck.


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