Legal Question in Real Estate Law in New Hampshire
One Person Breaking Joint Lease
My roommate and I signed a joint lease in June 2003. She is moving out. I intend on staying until the lease is up (June 2004). However, I will have to rely on her paying part of the rent each month. Should I just pay what I can or should I try getting out of the lease? If we do end up breaking the lease would a court be more likely to force her to pay if I have continued to pay half the rent? Is there anything I can, or should do, to prepare myself for the best possible outcome?
Subletting or getting a roommate would be possible but that would require another year lease, which I do not want to do.
1 Answer from Attorneys
Re: One Person Breaking Joint Lease
Your rights and obligations are determined mostly by the lease terms. If you are jointly liable for all the lease (which is likely) then you would owe even if your roommate did not pay her share. Is there a provsion that specifically prohibits subletting even with the landlord's permission?
Finally, if you break the lease the landlord has an obligation to try to re-lease to someone else. You are then liable for just the time the apartment is not leased to someone else.
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