Landlord Question and Answer Forum

My roommate and I signed a 12 month lease. It was 3 bedrooms so we found another roommate who was never on the lease. After 5 months all three of us wanted out and there is a term where if we find new tenants and pay $300 to vacate the lease, we are clear of the lease. We all three moved out, returned keys, received confirmation there was no damage to apartment, paid $300, updated initial lease by crossing our names out and dating, and found two new tenants who are on a new lease. Now we are being told that since the new tenants have not found a third roommate, we are responsible for that portion of the rent, and that the leasing agent "denied" vacating of our initial lease. So, that means there are two leases in effect. Can that possibly be legal?

You're responsible for finding replacement tenants for the original lease amount, regardless of how many people live there. So, if the lease amount is $1000, and your replacement tenants are only paying $700, then they can hold you responsible for lost rent through the end of your lease agreement ($300/month). If your replacement tenants are paying $1000/month, then the landlord would have a hard time making a case that you owe him/her any money.

Posted by Ralph F, CA on Tuesday, February 22, 2011

Thank you, Brian, for the very important information. Makes sense. Turns out the two replacement tenants were simply added to our original lease. Now there are four names on the lease and one room remains unoccupied. Are all four people responsible for the missing rent or only the original two who signed the lease?

Posted by Sharon M, CO on Thursday, February 24, 2011