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Koristad · Nov 4, 2008, 12:02 PM

My fiancé and I signed a year lease for an apartment, but after living here for four months she ended our relationship. I don't want to live in the same apartment as her, but she refuses to find another roommate to replace me and won't end the lease early and move out.

I really don't want to break our lease, but I really need to live somewhere else. My X is trying to tell me that I can't leave and I just have to deal with it. What sort of legal consequences am I looking at if I move out anyway? Do I have any other options?

Thanks a lot for any advice.

TexasParent · Nov 4, 2008, 12:08 PM

If you leave, and then she leaves because she can't afford the rent; you could be on the hook for the entire amount. The landlords don't care where they get their money from, you both signed, they will come after both or you, and if the money comes out of your pocket easier through garnishment or some other sort of action against you, you are the one that will end up paying.

As for a legal remedy, I doubt it. Your best way out of this is to convince her that getting another roommate is the best course of action, especially if she likes the apartment and wants to stay beyond the end of this lease agreement. I would be good planning to have that new roommate in place long before the end of the lease so she isn't scrambling for one and may come up empty in the search.

rockinmommy · Nov 4, 2008, 12:24 PM

Well, it depends somewhat on the wording of your lease and how you are each listed, etc. Also, it may or may not even be allowed by your lease for you to move out and be replaced by another roommate.

Have you talked to the property manager to see what they would allow or what they would suggest? Some places will work with you quite a bit an others will just do nothing. I always try to find an amicable solution in these situations, because (I've learned the hard way) if I don't get involved and just expect the tenants to "handle" things I usually wind up with problems in the end.

ScottGem · Nov 4, 2008, 01:10 PM

Since you both signed the lease, you need to look at the wording of the lease. It could be worded so each of you is responsible for the full rent (likely) or that you are each responsible for half the rent. In one case, your ex can sue you vfor your share of the rent if you move early. In the other case, the landlord can.

The lease may allow you to sublet your rooms to someone else.