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What Happens If One Roommate Breaks The Lease?

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Rent Agreement
0 2022-11-29T12:19:58+00:00
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A roommate can be a great company and also help you save money on rent. Sharing a home with a friend can sometimes feel like a pyjama party every evening. However, things can change if one of you has to vacate the apartment before the contract expires. Even if you can't afford the rent without your roommate, the landlord can still make you pay it as long as your name is on the lease. It is possible to swap out your current roommate for a new one, but your landlord might need to give the new tenant their approval. To save yourself from such atrocities, you must know what happens if one roommate breaks the lease. Get a legally stamped rent agreement drafted on NoBroker.

What happens when a roommate breaks the lease?

Many responsibilities fall on your shoulder when your roommate breaks the lease and decides to vacate. So, you should know the answer to what can I do if my roommate breaks the lease. Informing your landlord when a roommate breaks the lease: If a roommate violates the agreement, they should ideally notify the landlord as quickly as possible. Make sure you all comprehend the terms by reading the lease again and scanning for any early termination clauses. Inform your landlord of the circumstance in full, and ask what should happen next. Some landlords may cooperate with you to find a solution because they are aware that circumstances can change. You are all obligated to uphold your half of the bargain since all of your names are on the lease. Find a replacement and a solid rental agreement: The hardest part of finding yourself in a scenario when a roommate violates the lease is that you are all now responsible. Any consequences fall on everyone who resides on the property because both of your names are on the lease. Speak with your landlord about getting a substitute to make ends meet. Tell the new tenants that they will need to provide items like proof of income, rental history, and references because they will need to go through the typical process before a new rent agreement can be written up. Handling The Security Deposit: The landlord can deduct money from the security deposit for overdue rent and maintenance, but even a tenant who breaks the lease can receive their security deposit back. However, your roommate isn't yet entitled to her half of the deposit because the landlord isn't required to repay anyone's money until everyone vacates the property. If that's a problem, you can pay her a portion of the deposit and then demand the full amount when you depart. Get the agreement in writing, give your roommate a receipt, and have her sign a paper confirming that you handed her the money. 

How can you protect yourself when a roommate breaks the lease?

I advise you to take precautions against a departing roommate, especially one who violates the terms of the lease. This will save you from having to cover their share of the rent. You can think about writing a contract that states that your roommate will:
  • Pay the remainder of their rent and other debts.
  • Assist you in finding a new roommate
  • Pay for any harm they brought about
  • Renounce the right to be a renter
Making a roommate agreement before you move in with someone is one of the best ways to prevent situations where a roommate breaks the lease. Now you know what happens if one roommate breaks the lease. Read More: How to Ask Your Roommate to Move Out? Is a Roommate Agreement Legally Binding? How To Find Good Flatmates?

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