Legal Question in Real Estate Law in California
Breaking a lease
I have just recently renewed a six month lease. I am now having problems with my roommate and need to move out. I do not want my name to stay on the lease if I am not going to be living here. How can I get my name taken off the lease without messing up my rental history for future renting?
2 Answers from Attorneys
Re: Breaking a lease
Just stop paying your rent. Your landlord will give you a 3 day notice to pay rent or quit. Leave within 3 days, give your landlord the keys, and get a written receipt for the keys. In the alternative you can do what you do when you want to get out of a romantic relationship--find someone else.
Re: Breaking a lease
I don't think breaching a contract (which is what 'breaking a lease' is a euphemism for) is ever a good idea if you want pristine credit.
The best solution is a so-called 'novation,' which is a new contract entirely replacing the former one. In this case, you need a new lease in the name of the remaining roommate alone, containing a clause saying the old lease is replaced hereby and that John Doe (you) are no longer liable for rent.
If either the (former) roommate or the landlord is unwilling to play ball, you may have downstream problems unless the remaining tenant pays the rent in full, on time, for the remainder of the lease term.
In any case, you are better off working with the landlord or manager than by running and hiding. You are less likely to be sued and/or reported to a credit bureau if you have been up-front and cooperative.