Gresham, OR asked in Contracts and Real Estate Law for Oregon

Q: I am currently on the lease as the non financially responsible occupant.

My roommate and I are currently having problems and now I would like to move out. If I give them a 30 day notice, pay the rest of the rent for the next month, and offer to pay half the lease break fee if they would prefer to break the lease, could they potentially still sue me?

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1 Lawyer Answer
Kevin J. Kuhn

A: Sorry to hear you're having roommate problems. I am not sure what you mean when you say you're on the lease as the non-financially responsible tenant. If you mean that you're listed only as someone who will be occupying the apartment and not as a "tenant," then you are not legally obligated to pay any rent and you can simply move out. If, however, you co-signed the lease as a co-tenant, you are most likely responsible for 100% of the rent for the remaining lease term and you can be sued if your roommate stops paying the rent. How are you listed in the lease agreement? As a tenant or co-tenant? If so, you're on the hook. If you are only listed in the section which talks about who will be occupying the apartment, you're probably in the clear.

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