Q: What does original lease holder mean?
My roommate wants to move out due to us not agreeing on certain living arrangements, but when she asked management if she could they told her she could not because she was the original lease holder. Her and I signed a brand new lease in April together but management told us that I would have to be the one moving out, if she moved out I would be kicked out as well. Is this an actual thing?
A: If you both signed the current lease, then legally you both either stay or you both are subject to being evicted - you have no legal right to stay if she moves out (nor does she have a legal right to stay if you move out). You don't say whether this is a month to month or a fixed term lease. If it is month to month, presumably either of you can terminate the lease with 30 days written notice. If it is a term lease, and if either of you leave before the end of the lease term, you both are in breach of the lease and subject to being held accountable for damages by the landlord. On a practical basis, it may be that the landlord is willing to enter into a new lease with either of you if the other leaves but that is up to the landlord and may depend upon the remaining tenant's credit, etc.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.