Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
What was their agreement regarding the rental payments?
Did they agree to divide any rent payments equally?
And both are signers on the actual written lease contract, correct?
Ok, if one tenant moves out, then that doesn't relieve them of their legal liability to the landlord and the other tenant for their rent. If there was an agreement for the rent to be split, then the one staying tenant can sue the leaving tenant for their half of the rent under a breach of contract claim. They can continue to do so every month until they find a new tenant to take over the other person's place.
As for the landlord, he can't force you to move out unless there is a breach of the lease contract or your fixed term lease expires and he properly terminates your lease with a written notice and then evicts through the court.
But as for renewing, unless there is something in the lease that gives you the option to renew, then he is under no legal obligation to renew your lease if he chooses not to and he can evict once the fixed term lease expires.
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...