Jacksonville, NC asked in Contracts, Land Use & Zoning and Real Estate Law for Florida

Q: My friend is having trouble with is old roommate he lives in Flordia, He has already moved out can he break the lease?

His roommate is threatening to sue him, but both of them are on lease and I was wondering if he can break his half of the lease cause both names are on it.

1 Lawyer Answer

A: There's no such thing as "his half of the lease" - unless the lease specifies that each tenant is responsible for only half the rent, which is extremely unlikely. Usually, all tenants named on the lease are jointly responsible for the rent. That means if one takes off and refuses to pay his/her share, the tenant remaining on the property will get stuck for the entire amount - and can sue the tenant who took off for that tenant's share. If the remaining tenant gets a new roommate to share the rent, then of course the tenant who took off would be liable for only the skipped payments up until the time the new roommate's share kicks in.

Bruce Alexander Minnick agrees with this answer

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.