[lasitter]

My favorite bartender is in a joint lease where her co-tenant has put her in this awful situation. I've advised her to immediately grab the lease and read it carefully, but it's a sure bet that the lease is of the standard "joint and several liability" types. She wants to leave, but this type of occupancy makes just walking away (what she wants) complicated.

Naturally these actions on the part of the co-tenant are prohibited by named occupant / occupancy limitations, pet prohibitions, etc. etc...

As I understand the general co-tenant situation, the landlord could ignore the situation entirely, or assess fines (if in the lease agreement), or seize the security deposit for pet damage, or begin eviction proceedings for lease provision violations.

If she moves out and abandons the property, she's still liable for the entire rent owed for the balance of the lease (assuming her partner does not pay and / or the property is not re-rented).

If evicted, the result is the same.

Not only is she responsible for any rent due from the co-tenant, but short of criminal actions she is also equally responsible for any action that her co-tenant takes in violation of the lease.

So her co-tenant's dog being in the condo is just as much her fault as that same dog peeing on the carpet.

And she can't evict her co-tenant. Only the landlord can do evictions.

Can landlords evict one of the co-tenants without evicting both?

That's a long preamble and I'd love to hear that the situation isn't that grim, but my question is about strategies for working your way out of the lease with the cooperation of the landlord.

There's no property management types involved, so I think this may be a one / few condo owner / renter scenario.

What would you want to find out or know about a property owner in order to most successfully approach them to work out a solution? Different types of owners might have different needs or concerns in this situation. Perhaps the over occupancy wear and tear issue and pets would motivate someone to want to change things up.

The cleanest break would be obtaining a release. But can landlords release co-tenants separately?

The landlord has a lot of leeway in how to deal with tenants seeking a release. He could do a one month's rent plus deposit, or some other re-letting fee.

And about the co-tenant: If the landlord evicted them both citing the co-tenants actions, would that provide some insulation for my bartender from an action by the co-tenant attempting to recover rent or any judgement paid as a result of the eviction for actions by the co-tenant?

I hope it would, but nothing is guaranteed.

[ScottGem]

The landlord can terminate the lease but then sign a new lease with your friend. The landlord can be flexible in releasing the tenants. The landlord can choose not to pursue your friend, but the co-tenant could then sue your friend for their share.

[lasitter]

... but the co-tenant could then sue your friend for their share.

In a society where anyone can sue anyone else for anything at any time (it doesn't necessarily mean much... ), I think that any "reasonable man" would see this as akin to "Ex turpi causa non oritur actio". Or at least I could be forgiven for hoping this...