What Happens if One Person on a Lease Move Out?

By: ROS Team

Living with roommates can be a great way to split costs and create a fun living environment. But what happens when things don’t work out and one roommate decides to move out? If you find yourself in this situation, don’t panic! This blog post will break down everything you need to know about what happens to two tenants on lease one leaves.

Understanding the Legal Implications

When you and your roommate signed that lease agreement, it likely included a clause called “joint and several liability.”

Joint and several liability is a legal concept where multiple parties are on the hook for the full amount of damages awarded in a lawsuit, even if their fault differs. So, if one party can’t pay their share, the others are responsible for covering it

And in this case, it means you’re both on the hook for the entire rent payment, not just your share. So, even if your ex-roommate skips town, you’re still legally responsible for the full rent unless you take some action.

Here are two key legal points to consider:

Notice to Leave: Most leases require tenants to give written notice (usually 30-60 days) before moving out. This protects both the landlord and the remaining tenant. It’s important to check your specific lease agreement to see what the notice period is.

Reviewing Your Lease: Don’t rely solely on memory! Take some time to revisit your lease agreement. This document outlines your rights and responsibilities as tenants, including details about subletting, breaking the lease, and potential early termination fees.

Options for the Remaining Tenant

So, your roommate’s leaving, and you’re left holding the lease. Don’t panic! Here are a few options to consider:

1. Keep Paying the Rent:

Pros: This might be the simplest option if you can comfortably swing the full rent on your own. You maintain stability and avoid the hassle of finding a new roommate.

Cons: Living solo can be pricier. It’s important to consider the rent-to-income ratio. Ideally, rent shouldn’t exceed 30% of your gross income. If exceeding this threshold strains your budget, explore other options.

2. Look for Another Roommate:

Pros: Sharing the rent makes the apartment more affordable. You might even find someone who complements your lifestyle better than your previous roommate.

Cons: The screening process takes time and effort. There’s always a chance the new roommate might not be a good fit.

Options for the Landlord

1. Ask The Remaining Tenant to Willingly Leave

If one tenant leaves, a landlord might consider asking the remaining tenant to leave as well. Before doing this, it’s important to check the landlord-tenant laws in the state.

For instance, if the remaining tenant can’t afford the rent alone, it could lead to problems later. In such cases, it might be better for both the tenant and the landlord if they agree to leave.

Once an agreement is made, it should be put in writing, including the move-out date.

On the day the tenant moves out, it’s a good idea to inspect the property together and make a checklist of any damages. This helps the landlord decide if any deductions need to be made from the security deposit for damages beyond normal wear and tear.

After checking the laws or talking to a property manager, the landlord can figure out how to handle the security deposit and when to return any remaining amount to the tenants.

2. Evict the Remaining Tenant

When one tenant leaves the lease and the other can’t pay rent or refuses to leave, the landlord may need to evict the remaining tenant. Before starting an eviction process, many landlords hire a real estate lawyer specializing in evictions to ensure everything follows the rules.

Eviction procedures can vary by state, but generally involve these steps:

Have a valid reason for eviction, like unpaid rent.
Talk to the tenant to see if they’ll leave, sometimes by offering money.
Give the tenant a written eviction notice with a deadline to pay rent.
File for eviction by paying a court fee and scheduling a hearing.
Get ready for the hearing by gathering lease documents and payment records.
Evict the tenant with a court order, possibly with law enforcement’s help.
Then, collect any overdue rent and damages. Some landlords use collections agencies to pursue unpaid debts through wage garnishment or asset seizure.

How Can the Remaining Tenant Deal with the Departing Tenant?

When a roommate decides to leave before the lease ends, it’s important to protect your rights and interests. Here’s what you can do:

1) Try to Reach a Written Agreement: If your roommate informs you in advance or if you’re still on good terms, try to agree on how to end the living arrangements. This might include details like:

The departing roommate pays their share of rent and utilities for a certain period.
Agreeing on the responsibility for any damages to the rental unit.
Setting a deadline for payment.

2) Clarify Departure Details: Ensure that the departing roommate confirms they have moved out permanently and relinquish any rights to the rental.

3) Legal Action: If your roommate is uncooperative or has already left without resolving matters, consider legal action. This could involve suing them in small claims court for unpaid rent, damages, or other costs associated with their departure. If successful, you may be able to collect what you’re owed through wage garnishment or attaching certain accounts.

4) Seek Legal Advice: If you’re unsure about how to proceed or need assistance, consider consulting with a local landlord-tenant attorney for guidance.

Preventing Future Tenant Departure Issues

When one of two tenants leaves a lease, landlords can face challenges. To prevent future issues, it’s vital to have clear lease agreements that outline each tenant’s responsibilities. This helps avoid conflicts between tenants and keeps the rental income steady.

Regular communication with tenants helps solve any problems quickly, fostering a good relationship. Periodic property checks catch maintenance issues early, keeping tenants happy. Lastly, offering perks like lease renewals or referral rewards encourages tenants to stay longer, ensuring a stable rental property.

Two Tenants on Lease One Leaves: FAQ’s

Can You Remove Someone From a Lease Without Their Consent?

No, typically you cannot remove someone from a lease without their consent. Leases are binding contracts, and all parties involved need to agree to changes. Your best course of action is to talk to your landlord and roommate about the situation.

How to Get Someone off Your Lease?

Legally removing someone from your lease is tricky. You can’t force them out, but you might convince your landlord to let them move out by finding a replacement tenant who gets approved. Otherwise, you can try working with your roommate to get them to leave willingly.

Can One Person Break a Two Person Lease?

Breaking a two-person lease typically requires mutual agreement between both parties named on the lease.

However, if one person wants to break the lease unilaterally, they would need to negotiate with the landlord and the co-tenant to find a solution, such as finding a replacement tenant or agreeing to pay the remaining rent themselves. Without cooperation from all parties involved, breaking the lease could result in legal and financial consequences for the person attempting to leave prematurely.

Can You Remove Someone From a Lease?

Removing someone from a lease typically requires landlord approval. You might be able to find a replacement tenant they accept or negotiate a lease amendment if your co-tenant agrees to leave. But generally, you’re stuck sharing responsibility until the lease ends unless you convince the landlord otherwise.

How to Remove Someone From a Lease After a Breakup?

Removing your ex from the lease after a breakup requires working with your landlord. If you can both agree, send a written request for their removal. If not, you might convince the landlord to let you take over the lease or find a replacement tenant yourself. Check your lease terms and local laws for specifics.