I want to move out of my apartment, but am on a year lease with a roomate
I would like to move out of my apartment, but am on a year lease. My roomate and I have been having problems prior to this. Now she wants me to pay all the whole rent to break the lease. We currently split it 60/40. She also expects me to pay the dsl bill which is on a one year lease.
Am I legally obligated to pay the whole rent/cancellation, and not just my portion? Am I also liable to pay for the dsl, that she signed on for a year (w/o my knowledge, I was under the impression it was month to month)?
Re: I want to move out of my apartment, but am on a year lease with a roomate
As far as obligation for the rent is concerned, it’s a two-part answer:
(1) The landlord can go after both or either of two lessees for the whole amount, its choice – the obligation is said to be “joint and several.”
(2) However, if Tenant X gets sued and Tenant Y doesn’t, X can go after Y in a separate action to collect Y’s fair share of what X had to cough up.
As for a DSL contract, I’d assume only the tenant that signed the application and whose name appears on the billing will be liable.
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
P O Box 318
Tomales, CA 94971-0318