Legal Question in Real Estate Law in Massachusetts
Is my roommate still obligated to pay rent until the lease expires?
I share an apartment with 3 other girls, and we all signed a lease agreeing to split the rent 4 ways. A couple days ago, one of the roommates packed up her things while nobody was home, and suddenly moved out. She called the landlord saying she was ''miserable'' and wanted to break her lease. She signed a lease until September, and now wants to post an ad for the room to find someone to take her place. The rest of us living there do not, by any means, want a stranger moving in, nor do we want our phone number posted all over the place. Is she legally obligated to pay rent until the end of the lease until us remaining 3 roommates find someone we know personally and think is acceptable to move in?
1 Answer from Attorneys
Re: Is my roommate still obligated to pay rent until the lease expires?
The landlord can seek to collect the rent from your former roomate or from you and the remaining roomates provided you all signed the same lease contract. In most cases, there is one contract between the landlord and all tenants which means the remaining tenants can be held responsible for the entire rental payment.
As for a new tenant, most leases contain clauses which prohibit the tenants from sub-leasing or assigning the lease. This way the landlord can control who lives in the unit. You can certainly offer to assist the landlord in finding a new tenant, however the landlord is not obligated to accept the new tenant. As a practical matter, most landlords will agree to the sub-lease so they will not have to go through the trouble of trying to collect the full rent in the event the remaining tenants refuse to pay the full rent.
You should carefully review your lease to determine your rights.
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