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    Bailzs's Avatar
    Bailzs Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 14, 2008, 01:53 PM
    1 tenant breaking lease
    There is 4 of us in a 2 bedroom house, all four of us have signed the lease agreement when we first moved in and all decided to split it evenly.

    One of the tenants wants to move out as she claims she is "not happy."

    We have all signed the lease, can she just get up and move out? Does she have to pay us or the landlord out? We cannot afford to stay in the apartment if she moves, we will then need to pull the whole lease if she moves out, we know there is penalties.

    But can she move out without paying her share to the landlord or us?
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
    Ultra Member
     
    #2

    Apr 14, 2008, 02:06 PM
    She can do what ever she wants.

    Are there ways to collect what she will owe if she does? Yes.

    You may end up in small claims court if you are determined to collect what she owes you should you have to pay her way if she goes.

    If you all break the lease, then you all could be liable to the landlord.

    One hint, the landlord will come after the one of you who will be the easiest to collect the money from, like whoever may have written checks on their personal account, or the one who has the best job.

    You should try your best to work this out and keep here there, otherwise, it could be a huge mess for all involved.

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