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    smvsmv's Avatar
    smvsmv Posts: 1, Reputation: 1
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    #1

    Oct 2, 2008, 04:29 PM
    Can 1 of 3 co-tenants break a month-to-month lease
    I am on a lease with 2 other tenants on a month-to-month lease. We all pay $200 each or $600 total per month. If I give 30 day notice and leave, am I still liable since the 2 remaining tenants still occupy the apartment? I live in New Jersey. Do I get back my security deposit?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 2, 2008, 04:37 PM

    Are you all equal on the same lease, or do you each have a separate rental agreement.

    You need to talk to the landlord and see what the agreement says.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Oct 2, 2008, 04:41 PM
    Quote Originally Posted by smvsmv View Post
    I am on a lease with 2 other tenants on a month-to-month lease. We all pay $200 each or $600 total per month. If I give 30 day notice and leave, am I still liable since the 2 remaining tenants still occupy the apartment? I live in New Jersey. Do I get back my security deposit?

    What does the lease say? Does it say you each pay $200? Or does it say the rent is $600 and the three of you split it?

    When does the lease expire? If you leave early I see either the landlord or the roommates suing you for the balance.

    Your security wouldn't be returned to you until the term of the lease ends OR until a new roommate comes in - if there are no damages.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #4

    Oct 2, 2008, 07:40 PM

    This one is interesting. It's a month to month lease, so technically the tenant can decide to leave at any time as long as they give 30 days notice. Now the interesting part to me is whether this is one lease with all three names, in which case I do not know what happens if one person wants to leave. I assume that they can, and the other two tenants can figure out what to do about the rent for the next month during that notice.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Oct 3, 2008, 07:18 AM
    Quote Originally Posted by froggy7 View Post
    This one is interesting. It's a month to month lease, so technically the tenant can decide to leave at any time as long as they give 30 days notice. Now the interesting part to me is whether this is one lease with all three names, in which case I do not know what happens if one person wants to leave. I assume that they can, and the other two tenants can figure out what to do about the rent for the next month during that notice.

    In my area it's a contradiction in terms - it's either a lease OR a month to month.

    But then it goes back to how the "lease" is held - one rental payment, three rental payments?

    I can't believe there is one "lease" on a month to month basis with three tenants' names on it. Sounds like a lot of paperwork for a month to month.
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #6

    Oct 3, 2008, 07:55 AM

    I'm assuming (and yes, there are dangers to that) that this was three people on a yearly lease that went month-to-month at the end of the lease term. That's the most likely scenario I can see. But since it is monthly at this point, I don't see that they can do anything to stop the one person from leaving, with proper notice.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Oct 3, 2008, 07:58 AM

    I viewed it the same way froggy did, that it was a previous lease that expired and is now month to month.

    If all three tenants are signators on the lease, then I think any one tenant can move with proper notice and it would be up to the landlord to find a replacement.
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