VeeshanVault

Not sure where to post this so I'll give it a shot here.

Heres the rundown:

My girlfriend and her roomate began to rent an appartment in june. They're on a one year lease that expires next june (obviously). My girlfriend's roomate has decided to be a spiteful bitch and just told my girlfriend that she's moving to north carolina in december. Since they're on a one year lease, thats a bit of a problem. She wants to break the lease and leave. My favor/question to you is, what legal options does my girlfriend have? If it helps we live in NJ.

I've googled for about the past 1 1/2 hours and havent really been able to find anything definitive. Do we have any lawyers or practicing law students here that may be able to give me some advice? Would be greatly appreciated because my girlfriend is now stuck between a rock and a hard place.

Thanks again in advance for your help. It's greatly appreciated.

First thing to do is read the actual lease. Most of them have an early release clause or whatever where you can get out of it if you pay a certain amount. In my case it's two months rent which is a bit of a bummer but it's better than nothing. This may also be governed by state or local laws so you'd have to check that. Beyond that's it's a legal contract that both parties have signed so they can take you (her) to court if they want.

Obviously I'm not a lawyer. Just going by things I've heard!

Did they both sign the lease? And is there any language about what happens if one party leaves and/or leaving early in general?

You can probably sue her for the money.

I'll have to check out the lease to see if theres an early release clause... And yes both their names on are the lease.

Why don't you move in with her?

Wish I could.. current financial/family situation is preventing me from doing so..wish it were that easy

Next best option would be to go shopping for a new (female) roommate for her that you both like, for potential threesome action down the line, and pray she doesn't convert to full blown lesbo in the process. It's a risk but with a great reward.

Can see if the people she's leasing from will try to find new renters or your girlfriend can sublease to some sketchy people with bad credit that otherwise couldn't get a place. (hot homeless 18+ teen runaways and such)

She may also want to talk to the complex manager. She may be able to get any additional fees waived to move into a smaller apartment and transfer the lease in that way. I know I have done that in the past when a roommate bailed.

I broke my lease when I moved from Seattle and basically had to pay most of what would have been the remaining months of my tenancy. Luckily there was only about 6 months left on my lease. Even more lucky that I got my company to pay for it as a moving expense.

if she wants to leave early she's likely going to need to pay either the lease fees or a lawyer's fees, but Boog's suggestion is also something to check out

In my last apt lease there was a clause for early termination. You notified them 60 days prior to early termination and paid them a full months rent when you gave the notice, and then paid normal rent for the remaining 60 days. All deposits refunded. That was in Florida though.

I would talk to a lawyer if I were you...you wouldn't even have to go to court most likely. More likely that your lawyer could call the roommate and just tell her shes either going to pay the rest of the lease she signed or she will let the court take it from her. She would have to be an idiot to refuse, it will cost her more as well as take her time if she wants to go to court over it.

unrelated, but I had 2 roommates once and I left the apartment... I continued paying my third for the remaining 9 months, only to find out more than a year later that the other roommates had left and the place was re-rented within 3 months... so they double dipped on me.

getting out of a lease is easy if its just one person who's moving away for work... good luck with this interesting situation and please let us know how it goes...

Asheran Mojomaster wrote:I would talk to a lawyer if I were you...you wouldn't even have to go to court most likely. More likely that your lawyer could call the roommate and just tell her shes either going to pay the rest of the lease she signed or she will let the court take it from her. She would have to be an idiot to refuse, it will cost her more as well as take her time if she wants to go to court over it.

The only party that should use that tactic should be the one which the roommate has a contract with. That is the apartment complex/leasing company. Unless the girlfriend signed a separate contract with the roommate, there is nothing she can do to her. Most leases hold either party responsible, and the one which they will go after is the easiest to reach. They could go after both of them, but why do that when they can just go after the person already on the property?

Winnow wrote:Next best option would be to go shopping for a new (female) roommate for her that you both like, for potential threesome action down the line, and pray she doesn't convert to full blown lesbo in the process. It's a risk but with a great reward.

Can see if the people she's leasing from will try to find new renters or your girlfriend can sublease to some sketchy people with bad credit that otherwise couldn't get a place. (hot homeless 18+ teen runaways and such)

This is the best advice Winnow could give on any subject, ever.

To my knowledge the roommate is liable (if she signed the lease), unless she finds another roommate for your girlfriend to live with. Atleast that's what always happens on judge judy!

Sorry I didnt get a chance to read this yesterday. And thanks for all the input!

Ok to answer a few things.

1) Winnow - She's a unique girl as in she really hates "girly" girls.. shes rather like me, which is why she gets the big W. So she doesnt want to find another roommate.

2) She's not living in an appt. complex. She's renting out a level of a house. So kinda screwed there.. Also, her landlord is a bit of an asshole.

3) I'm discussing with her if we want to talk to a lawyer.. She's talking to her roommate now as I'm typing this so we'll see what they decide.. The downside is the bitch works for a law firm (not a lawyer) so she may not have a problem getting a lawyer..not to mention she intends to move to North Carolina and away from an attempt to collect on any judgement.

Maybe you could try to get evicted? I believe that would release you from liability from the lease.

lmnt9 wrote:Maybe you could try to get evicted? I believe that would release you from liability from the lease.

Check the lease. This isn't usually the case. Well, I can't say usually as I don't really know. It's definitely not the case with my lease.