Leaving a Lease

[Matt513]

Jurisdiction

California

So a couple of roommates and I have signed a lease (group lease) that ends in August 2016, and I had to move out for personal reasons in February since than (middle of March) I have tried to find a subleaser to take take my spot with little success as my roommates have made it very difficult for someone else to come in. They have also not bothered to look for any other potential roommates. I signed the papers needed to remove me from my lease but my roommates refused to sign it and are basically keeping me on the lease as means for me to pay rent even though I have already moved all my stuff out and have paid rent and all other fees up until this present day. My issue lies in that they are basically refusing to get a subleaser and refuse to sign the papers to get my name off the lease, they are making this very difficult for me and are only making me pay for more months of rent even though I am not living there. Is there anything I can do? Any response would be greatly appreciated.

 

[adjusterjack]

My issue lies in that they are basically refusing to get a subleaser and refuse to sign the papers to get my name off the lease, they are making this very difficult for me and are only making me pay for more months of rent even though I am not living there. Is there anything I can do?

Sure. You can quit paying and see what consequences befall you.

You signed a lease. You're obligated for the duration. You breached the contract. Your roommates have absolutely no obligation to let you off the hook as long as you keep on paying.

When you stop paying, that's when they become legally obliged to mitigate their damages by finding a replacement for you as soon as reasonably possible.

Then you would only be responsible for the rent and utilities until the replacement takes over.

However, even if that were to happen, the landlord (owner of the property) would still have you on the hook for any damages caused by your roommates until your actual lease expires.

Two lessons here:

1 - When you sign a contract be prepared to comply with it for the duration or suffer the consequences.

2 - Avoid roommate arrangements. They never end well. Rent a 2 by nothing efficiency if that's all you can afford on your own or go live with your parents.

 

[d1amund]

Sure. You can quit paying and see what consequences befall you.

You signed a lease. You're obligated for the duration. You breached the contract. Your roommates have absolutely no obligation to let you off the hook as long as you keep on paying.

When you stop paying, that's when they become legally obliged to mitigate their damages by finding a replacement for you as soon as reasonably possible.

Then you would only be responsible for the rent and utilities until the replacement takes over.

However, even if that were to happen, the landlord (owner of the property) would still have you on the hook for any damages caused by your roommates until your actual lease expires.

Two lessons here:

1 - When you sign a contract be prepared to comply with it for the duration or suffer the consequences.

2 - Avoid roommate arrangements. They never end well. Rent a 2 by nothing efficiency if that's all you can afford on your own or go live with your parents.

Excellent advice. I'm not sure how you feel that bailing on the lease should rightfully leave the other lessee on the hook for your share of the rent. It does not matter if you live there or not; your name is on the lease whether you live there or not means nothing.

If you're still local to the property you can show it to a prospective new tenant since you say the existing tenant isn't helping you out?