Medford, OR asked in Landlord - Tenant for Oregon

Q: I am in a 1 year lease agreement with a roommate, I want to break the lease early but she won't sign what should I do?

I have moved out of the house I was living in with a roommate because of irreconcilable differences. I am prepared to pay my half of the rent for 30 days and 1/2 of the early breaking of the least fee. My roommate refuses to sign the agreement. What can I do?

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1 Lawyer Answer

A: The exact facts are not clear here. Are you on a written lease, with your roommate and the landlord? Or is there some sort of written agreement with just your roommate? Who do you pay your rent to - the roommate or her landlord? If there is an early termination fee, it can be up to 1 1/2 months rent, and if it is with both of yours landlord, you both likely can be held liable for 100% of it. That is, the landlord can collect any to all of it from either one of you or any part from each, so long as he does not collect more than the total amount owed. How your split that between yourselves is between you though if you are the one breaking the lease, she may well have claims against you for 100% of the fee. She, however, may have nothing to say about whether you break the lease, nor does she have to sign anything, and while you may owe the early termination fee, you likely don't owe any rent past the day you move out. You simply need to notify, in writing, your landlord that you have moved out and are terminating your lease. If you and she are both on the same lease, that should terminate the lease for both of you and she needs to work something with the landlord if she wishes to still stay. IF you pay your rent to the roommate and have a written agreement with her, then she likely is your landlord and procedures need to be adjusted accordingly. Do note that any 1 year term of the lease agreement is unenforceable (and thus no early termination penalty) if it is not is a writing signed by you. Questions? Review it all with a local landlord-tenant attorney. A single visit will likely answer all your questions. Good luck.

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