Legal Question in Landlord & Tenant Law in Georgia

Breaking a Lease with a Roommate

I am currently in a situation with a roommate where we do not get along at all, and at this point I think it will be best to break the lease and move. We both signed one lease, which does have a clause for early termination stating that there is a fee of one month's rent, plus an extra amount of either 1/4 of the remainer of rent due on the lease or one month of rent (whichever is lesser)for damages, plus sacrifice the security deposit. My question is would I be responsible for all of these charges since I want to break the lease, or would the charges be split between the two of us and she is liable for half?


Asked on 1/12/04, 1:44 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Breaking a Lease with a Roommate

On these facts, it is safe to assume (absent contrary facts) that each person is responsible for ALL of the charges. For example, the roommate may not want to terminate the lease (not "break it" since you would actually be terminating pursuant to the lease). If she stays under the same lease and you just move out, you may ultimately be liable for all charges, even things that happened after you leave. The landlord will simply try to collect from whoever he can. If you both signed, from the landlord's point of view, there is no "half and half" liability. That said, the issue becomes one of working it out between all three of you. Any resolution needs to be signed off on by all three, and you need to make sure you get from the landlord, written confirmation that you have no further obligation. Good luck!

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Answered on 1/12/04, 1:51 pm


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