Legal Question in Landlord & Tenant Law in Virginia

Opt our of year Lease due to relocating

I am in a year Lease in house w/a man. We are not married. I have found a new job in Maryland and intend to take it. He will not agree to get a roommate to replace me or opt out of Lease and is holding me to the rent. He is not working and cannot afford the full monthly rent of $800 + utilities. THe Landlord will not let me out either unless a roommate replaces me & the full rent is covered monthly. I am from Maryland and want to relocate back. Have no ties in Virginia except a job. Family is all in Maryland. What can I legally do for myself to get out of this situation or Lease on my part or can I? The man is stubborn as selfish and won't help at all? I also personally need to move from the house & from him. Cannot relate this to Landlords though. Help if can. Thanks -


Asked on 11/16/06, 3:42 pm

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Opt our of year Lease due to relocating

We see a lot of questions like this. It does not matter if you are living together with a man or someone else. It is the same situation when 2 people have signed the lease. Each of you is 100% responsible for the lease every month. So if teh rent is $800 per month, you are responsible for $800 per month and he is also responsible for $800 per month. The landlord has an equal right to collect the rent from EITHER of you. Unfortunately, when you sign a lease that is a serious thing. Sorry.

The only thing you might be able to do is find a replacement roommate on your own. Then tell your roommate that you are moving out regardless of what he says, and if he does not accept the new roommate, you will stop paying the rent, and he will be out on the street. If you stop paying rent, they can sue you for the money. But it may be the only way to force your roommate to get serious.

You could also find 2 roommates to take over the entire place in the event that he doesn't pay any of the rent.

NOTE that you will remain responsible for the rent. You signed the lease. But if the landlord is receiving the rent from SOMEONE, then you have no further responsibility for that particular month.

But if the new roommate doesn't pay, you remain responsible anyway.

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Answered on 11/16/06, 7:04 pm


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