terminating an apartment lease as a cotenant

December 29, 2023 3:39 PM

What is best practice for terminating an apartment lease with a co-tenant roommate?

I learned last June that I would need to move by September. My roommate (who is also named as a tenant on the same lease) said that she would not be able to afford the apartment on her own, but she intends to move out herself next summer before the lease renews. The lease renewed this year at the end of August and I have continued to pay my half of the rent since moving out in September. My current plan is to write to my roommate and and the landlord at the end of April and indicate my intention to terminate the lease this year on one of the acceptable dates given in the lease (June 30 2024). I want to do this correctly and give ample notice to both the landlord and my roommate. I don't know what the correct form for the letter would be or whether my roommate and I would both need to sign it before sending it to the landlord.

The landlords said that they would be amenable to having someone take my place on the lease, but so far everyone who has viewed my room has said that it is too small or that they would need a parking space (there is only one which is already in use by my roommate/cotenant, and we live in an area where most people drive as their primary mode of transportation).

We live in the United States.

posted by nowhere_sparrow to Law & Government (3 answers total)

Best answer: If you are co-tenants, you generally gave to work it out with your co-tenant.

The landlord isn’t under any obligation to make concessions not listed in the lease (or required by law), and generally co-tenant situations mean you are each responsible for the entire thing if one of you defaults or leaves—which generally the landlord isn’t obliged to remove you from the lease at your request, either, again unless specified in the lease (or by state/local ordinance, but I haven’t heard of one that does that). It sounds like they’re willing to do that, but only if they get another renter in there, so that is one avenue.

The alternative is convincing your co-tenant to leave at the same time you do and end the lease entirely. If they’re planning on moving out before August (?) anyway, that’s likely a much easier proposition.

At that point, you would send a letter by certified mail stating your joint intent to vacate on X date, ending the lease. Certified mail so you have proof it was received. Mail it in time so it will arrive prior to the date specified in the lease to give notice (usually 60 days but check your lease; if it doesn’t specify, you’d need to find out what the rules are in your state and/or municipality).
posted by tubedogg at 6:06 PM on December 29, 2023

Best answer: Yeah, you've got to get on the same page with your roommate/cotenant.

If you've already moved out but can't get out of the lease until June (i.e. you're going to be paying six months of rent on a place you're not living in), I strongly recommend reducing the price of the room and covering the difference yourself to minimize your financial losses.
posted by mskyle at 6:32 PM on December 29, 2023 [1 favorite]

Best answer: You don’t necessarily have the right to terminate your part of the lease before the lease ends, but it depends on what the laws are where you live.

I recommend calling a tenants’ rights org in your area — they will be able to hemp you figure out what your rights and obligations are in your specific situation. You can google “[your town] tenant rights group” to find one.
posted by mekily at 8:17 PM on December 29, 2023