[nedoz]

I moved to San Jose, CA a few months ago with a friend of mine thinking it was going to be the time of our lives. Unfortunately it's not. He's a horrible roommate who doesn't clean up after himself unless told to, he calls me obscene names and constantly use profanity at me, and he's just rude all together.

I want out of the lease and I don't know how I can. I don't want to live in that apartment and I'll be moving back to Reno, NV. How do I go about by getting my name off the lease and free of any obligation I have with the lease with the least amount of repercussions?

[AK lawyer]

As I understand it, you and your roommate both signed the lease as co-lessees.

Unfortunately, you have a problem.

If you move out, and if your roommate fails to comply fully with all of the lease terms, including the obligation to make the lease payments, since you are jointly obligated, the landlord could sue you. Do you think the roommate will be able to pay the entire amount on his own?

You can ask the landlord to release you from your obligations, but the landlord cannot be required to do so.

[Fr_Chuck]

Normally and realistically you can not get out of it.

You can see if your roommate and the landlord will accept and agree to it.

[ScottGem]

As noted, the landlord has to agree to release you. By signing the lease you obligated yourself for the term of the lease. If the landlord won't release you, you can try finding a replacement roommate the landlord can agree to.

[joypulv]

My experience with this over many years was that finding a replacement worked best.
No landlord I've ever known or heard of was willing to let anyone out of a lease just because they didn't get along with someone, even if that person was a slob. If he were so bad that it would interest the LL, such as clogging the drains with beer bottle caps or punching holes in walls, then he would evict that person, and you'd have to go to.

[AK lawyer]

All of the other comments are true, of course.

The ethical problem I would have with finding a substitute roommate is this: how can OP in good faith find a replacement roommate when, in effect, OP would have to recommend the incumbent to the replacement?

[joypulv]

A lawyer brings up a very good ethical question!

(In my 20s, living in apartments with as many as 5 others, we got to interview suggested replacements. I don't think any of us found someone any of us knew, and none of us warned anyone about anyone else. It was buyer beware.)