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About Jonathan Dever, Esq
Expertise
Real Estate Law, Buying Selling, Investor, all types of acquiring property through "creative techniques" and fraud avoidance

Experience
Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years

Organizations
Ohio Bar Assn Greene County Bar Assn Champaign County Bar Assn

Publications
Personal web site and web articles

Education/Credentials
JD - Capital University MA - IU of Penn BA - U of Cincinnati

Awards and Honors
Super Lawyer 2005, 2006, 2007 Who is Who, Lawyers 2006, 2007

 
   

You are here:  Experts > Real Estate > Apartment Living/Rental > Real Estate Law (esp. Landlord-Tenant) > My roommate is trying to break our lease and I don't want to

Real Estate Law (esp. Landlord-Tenant) - My roommate is trying to break our lease and I don't want to


Expert: Jonathan Dever, Esq - 7/3/2008

Question
I am renting a house with 2 other roommates, we are binded with a 2 year lease. One of my roommates wants to break the lease and leave after the first year is over (in 2 months). My other roommate (my fiance) and myself do not want to break our lease. What can we do to protect ourselves? He claims that he wants to move closer to his job. This decision he has made, is going to put my fiance and I in a bad situation financially. Can we do anything to stop him from breaking the lease?

thank you for your time.

Answer
Other than tie him up to a fence post?  No.  You can't stop him.  But he is contractually responsible for his share of the rent.  But since you have notice, you have a duty to mitigate your losses.

Bottom line, talk with the landlord, let him know that the roommate is leaving, and find another person to share the rent.

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