Legal Question in Landlord & Tenant Law in California
I need to break my lease to get away from my roommate
My roommate is verbally abusive to me and I am scared of him. I want to get away from him. Both our names are on our apartment lease. We are stuck on the lease until November. I plan to move out in a month. It says that if tenants move out they are liable for the rest of the rent owed until the end of their lease. It also says tenants are responsible for utilities except water. My name is on the utilities. So am I correct to assume I would pay the landlord my share of the remaining rent, and be able to have electricity/gas/cable cut off when I move out, for the roommate to reactivate himself?
2 Answers from Attorneys
Re: I need to break my lease to get away from my roommate
You are correct that you are liable for the rent under the lease. The contract between you and the landlord has nothing to do with your decision to move out. You will also not receive your security deposit until the unit is vacated, and it will be subject to deduction for any damage your roomate may cause between now and November. As for turning off the utilities, that one is a bit trickier. You need to give your roomate notice that you are leaving, and that he needs to put the utilities into his name. If he doesn't, I'm not sure I'd have them turned off because you will be on the receiving end of either a lawsuit from your roomate, or worse if he is threatening you now, he could become very violent when the lights go out. I'd think carefully about that, and try to get his agreement to take over the utilities when you move - from a practical standpoint, I don't think I would do it without his knowledge and agreement.
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Re: I need to break my lease to get away from my roommate
The lease is a contract, and you are responsible till the lease ends.
As to utilities here, you are on your own with the utility companies.
It would ease your obligations if you could find a tenant to replace you. (Landlord should be in the "loop" to approve new roomie).
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