What can I do if my roommate doesn't have his rent and we're both on the lease?

Question

Is there any way I can get off the lease early without losing my deposit, or get him off the lease? He doesn't have his share of the rent.

Answer 1

I would contact your landlord.  We were in a similar situation with one of my roommates when I was younger and we ended up having her taken off the lease.  It happened more than once with her though and there was four of us so we ended up splitting it three ways after that instead of four.  So contact your landlord and pay your half.

Answer 2

If he doesn't have it, you will have to pay his share. That's all the landlord will care about. If I were you I would either find a replacement for myself or my roommate if they were habitually late on the rent.

Answer 3

You are both legally liable for the full rent. If your roommate does not have his share, you are going to have to pony up the $$$ or face eviction.

Neither of you can be removed from the lease unless all parties to the lease - landlord and the both of you agree to it in writing. The landlord will be the hold out, since he can legally go after either of you or both of you for the rent.

Answer 4

No, unless your landlord agrees to break the lease.  That's why you should only enter into financial agreements with people you really trust.  

Answer 5

Start by talking to your landlord and see what you can work out.

If your landlord doesn't want to work with you, read your lease carefully to see if you have any options specified there.

You may have more options depending on what state you're in.  Since you didn't say, try doing a web search for the word "tenant" and your state.  (If you're in California for example search for "tenant California")  The first couple of results should help a lot.

Answer 6

If the lease is in both names you are both equally responsible for the rent. It does not mean each of you only have to pay a half (unless it is noted as such in your lease agreement). If your roommate cannot pay his share of the rent then you would be responsible for the entire amount. You would have to sue him in Magistrate's Court to get your money back.

The same with the security deposit. It is possible that if you discuss this with your landlord he would let you out of your lease early and refund your security deposit, but not likely. I would certainly sit down with my landlord and discuss the situation and see if he will willingly let you out

When two people sign a lease agreement jointly, both parties are fully responsible and one or the other must pay. If one cannot or will not pay his share, it leaves the other person stuck with the entire amount. The only way to get out early in a lease is for the landlord to give special permission. You must remember if you are going to leave to make sure you give a written 30 day notice to vacate or you will forfeit your deposit.

I hope this will help  with your situation and hope your landlord will work with you. Many do.