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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Exclamation Roommate Moving Out and Wants Off Lease, Can We Hold Him to a Separate Agreement

    My question involves landlord-tenant law in the State of: California

    My roommate (A) has decided that he wants to move out, and I told him that he needed to find a person to fill his place that still is in accordance with prior agreements (already have an agreement to release another roommate in April- would have worked out fine if the (A) had not decided he wanted out too). He is currently on the lease but wants to be off the lease so he can sign another. All they have found is someone to cover one spot, leaving us with a $300 per month room-share vacancy in April for 6 months if we cannot find anybody. Under these conditions I made it clear I would not sign him off the lease (live in a college town, almost IMPOSSIBLE to find someone for that period in my town).

    He said that he would pay the $300 per month of we didn't find anybody. However to move forward I would have to let him off the lease. I discussed it with a relative in real estate, and she thinks it would be appropriate to have everyone sign a written agreement that he will do this, provided we make good efforts to find a roommate. (The agreement I have drafted is VERY specific to what that means for both sides, as well as what exactly the roommates left in the house and I will need to do to comply to our side).

    But now I'm having doubts? Is this a legal agreement, provided I make all amendments necessary to the contract? I'm worried that if I have to take this to small claims, the judge will let him off because he is physically not on the lease at the time he would need to pay if we cannot find a roommate.

    Thanks for your help! I just want this nightmare to be over :(

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Roommate Moving Out and Wants Off Lease, Can We Hold Him to a Separate Agreement

    Is this a legal agreement, provided I make all amendments necessary to the contract?
    It is, and it is enforceable. It's unlikely the judge will give him a pass because he entered into a different agreement.

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