Whatare a tenant’s responsibilityies/rights regarding their lease if a roommate moves out?

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Whatare a tenant’s responsibilityies/rights regarding their lease if a roommate moves out?

I’m currently renting a home and my lease is up 12/01. My roommate, who signed the lease with me, moved out a month ago and informed the landlord that he was moving. She never asked any questions about it or even offered me a new/different lease. She is now telling me that I am required to stay and pay for another month because I myself never said anything about moving out. Is there anyway to get out of that considering that the lease is now changed and nothing new was ever signed? Shouldn’t she be obligated to ask if I plan on staying when my lease is coming to an end?

Asked on November 23, 2010 under Real Estate Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If a tenant moves, the remaining tenant still remains liable for the rent. Although your lease ends on Dec. 1, you would still have to give the requisite written notice to terminate the tenancy.  If you do not give timely written notice to terminate the tenancy, the tenancy will continue as a month-to month tenancy.  If your lease is month-to- month, you would have to give 30 days written notice to terminate the tenancy.  It is not the landlord's obligation to inquire if a tenant is going to stay when the end of a lease term is approaching.


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