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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
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Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Two people sign a lease for one year. One person pays more

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Two people sign a lease for one year. One person pays more each month as he has the larger bedroom in athe house. He must leave the state for new employment. He must break the lease agreement with seven months left on the agreement. The other party is angry and threatens legal measures against the one who is willing to pay his part of any reasonable amount required by the landlord in order to be released of all responsibility. The landlord has not given a set amount yet. He did say four months rent would be the set amount but would get back to the one wanting to get out of the lease after he (landlord) talked to the other renter. No communication from the landlord but lots of angry, derogatory texts from the second renter to the one needing to move away. What course of action would you recommend?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.
Hello and thanks for sending this question. Does the lease agreement set different amounts of rent for each tenant, or is it one sum and the tenants agree how to divide it between them?
Customer: replied 1 year ago.
Thank you for your in put. It is a lump sum for each month and the tenants agree upon how to divide it between them. But this division is not spelled out in the lease agreement. Both parties did sign the one year lease agreement. As only one party needs to break the one year lease agreement, and the other rentor is angry and threatening to bring action against him and demanding that the first party pay the entire amount verbally requested by the landlord and his partners-------does this person need legal representation?
Expert:  Irwin Law replied 1 year ago.

The law says that both tenants are each liable to the landlord for he entire amount of the rent. It is not the landlords responsibility to collect part from one and part from the other. As between the co- tenants, unless there is a written agreement stating otherwise, each is liable to the other for half of the total rent. Of course the landlord can accept a sum from one tenant and release him. That will also release the other tenant for an equal sum. It's hard to say which of them needs legal representation at this point.

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Customer: replied 1 year ago.
Thanks, XXXXX XXXXX renter is upset because the landlord has informed her of the settlement of 4 months rent and the requesting party will be releases from the lease agreement. The other renter does not want to come up with this amount due to hardship constraints for her. She is going to have the first party subpoenaed tomorrow for these extra charges due to the fact that the first party is the only one who wants out of the lease. What do you advise?
Expert:  Irwin Law replied 1 year ago.

The tenant being released by the landlord might still have a problem with the remaining tenant. There's no safe remedy for everyone in this scenario without a release to one tenant plus a new lease which satisfies the remaining tenant for the balance of the lease. Subpoenaing a person to court cannot be done outside of a pending suit, so if nothing has been filed in court, that would be an idle threat.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Just Answer. Your business is appreciated.

Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4719
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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