Can a landlord break a lease?

Question

Hey all,

I just signed a year lease as a tenant in June, and due to complications from Covid, am now trying to get out of said lease. My question is, can my landlord effectively "break" the year lease and release me from it? And can she do that without the consent of the roommates that co-signed the lease along with me?

Thanks much,

Ned Carey · Answer

@Ian Gilligan If the landlord and tenant who signed the lease agree, any lease can be changed.

If multiple people signed the lease then I would guess the landlord can release one person from the lease. However i would assume the other lease signers may be able to take legal action against the one who is leaving.

However, how the lease is worded, is important. The exact wording can make a big difference in what is allowed. There is no standard lease.

I AM NOT  lawyer and the above is not to be considered legal advice. It is just my laypersons understanding of basic law concepts

Jon Schwartz · Answer

Ian, as everybody here has been alluding to, yes, you and your landlord can mutually agree to end a lease.

The problem here is that you have roommates. Your lease probably has language that says each signer is "jointly and severally liable" for paying rent. That means that each of you can be held responsible for the full amount of the rent. Until you, your roommates, and your landlord agree to end the existing lease, you're still on the hook.

I recommend you talk to your roommates, then your landlord. First, you have to get your roommates to agree to taking on a new roommate. Then, you have to convince your landlord to entertain replacing you on the lease with this new person. Your landlord will want to qualify the tenant, so assure him/her that he/she has final say on whether or not this new tenant can take your place.

The issue for your landlord is that you and your roommates jointly qualified for the apartment, but maybe the new person you bring you won't have income or good enough credit that the new tenant mix qualifies. Your landlord will want assurance that your "replacement" is solid.

I'm not a lawyer, but I am a landlord. That's my 2 cents!

Good luck!

Best,

Jon

Theresa Harris · Answer

If your roommate wants to stay, then you are still going to be on the hook for the rent.  That's why I suggested you offer to find a new tenant for the landlord (and new roommate for your current roommate) who will take your spot.  they would then become your replacement and share the house with your current roommate.

Ian Gilligan · Answer

@Theresa Harris thx TH. I’m the roommate that wants to leave. Trying to run a house hack scenario out of state and need to get out of my lease.

Theresa Harris · Answer

Ned is right.  Read your lease to check the wording.  does your roommate want to stay?  If so, talk to the landlord and ask if you can find someone to sublet from you provided they pass the landlord's screening criteria.

Ian Gilligan · Answer

@Ned Carey thx Ned, appreciate the response.

Ian Gilligan · Answer

@Ian Gilligan p.s., I live in LA and am looking for insight specific to LA tenant/landlord lease agreements. Thanks!

Can a landlord break a lease?

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