If I signed a lease with two other people are they allowed to break the lease early without my consent as well

Question

I signed a lease with two of my fellow shipmates and now they want to go ahead and move out. I don't know if they are allowed to terminate the lease early without my consent as well since all three of us are listed on the lease.

Answer 1

Most residential leases with more than one leaseholder are set forth with "joint and several" responsibility for the rent.  In other words, each of the tenants is responsible for making sure the entire amount of rent is paid.  If one or both of your roommates bail out on you, the landlord will come looking for the entire amount of rent.  If you still live there, the landlord will be spending the most energy trying to get the rent from you.  If you choose to pay 1/3 of the rent and ask the landlord to pursue the others for the remainder, he will probably tell you about the joint and several clause and give you a 5 day notice to quit or pay rent.  The 5 day notice allows you to remain in the unit if you pay the full amount of rent within 5 days.   If you fail to pay within the 5 days, he may send you a 14 day notice to vacate the premises.  This notice does not allow you to stay, even if you pay in full.   As a practical matter, a lot depends on your relationship with the landlord and what kind of vacancy situation he has.  If there are no or few vacancies in your building or complex, he will be more hard line about it.  If there are many vacancies, he may provide more time for you to get new roommates etc.  If you go that route, be sure to ask for a new lease and to have him agree to not pursue you for the rent still owed by the former roommates.

But absent a particular circumstance that is unusual, the landlord is going to want the rent in full, and he will expect you to come up with it or he will evict you.  Eviction takes a long time, often months depending on where you live.  

Good luck

Answer 2

Assuming there isn't some contingency in the lease, then no they are not allowed to break a lease early but its up to the landlord to enforce the lease.  Their recourse is to keep any deposit they put up, and sue them for repairs and lost rent.  Technically they could sue them for the entire rent thru the lease but may just stick to 30 days worth of rent and look to replace them quickly.  Also, assuming they get a judgement against them they still may have a hard time enforcing it but even if they can't enforce it, at least they can get it on their credit to warn others.

As to you, I'd call up the landlord and ask them what you should do.  You may be responsible for all the rent but if you can't pay it you will need to get new renters, or move out (yes the landlord will then go after you too, but what choice do you have).

Answer 3

Generally, you can all do a roommate release.  This just is basically them signing that they're leaving and you signing that your giving permission. But they do have to have your consent.  Also they won't be able to leave unless your income qualifies to hold the apartment on your own.  If you don't make the qualification then no one is allowed to leave unless you bring others in to qualify. Your best bet would be to find two more people to take over the lease with you (they will have to apply), or see if you can transfer to a smaller apartment if there's any available.

Answer 4

That will be up to the LL and the terms of the lease.

If I were you, I'd join them and quit the lease, lest you end up being responsible for the entire rent.

Answer 5

They cannot break the lease without your consent, each roommate must sign a roommate release form which will designate how the security deposit refund is handled.  The law recognizes all 3 tenants as jointly responsible for the rent and even if they do move out, they will still be financially responsible for paying the rent through the contract end date.