Dover, DE asked in Landlord - Tenant for Delaware

Q: who is responsible for a sublease payment if there are 2 tenants on the lease

my room mate subleased to her boyfriend with our landlords permission. they both are moving out/breaking the lease. Who is responsible for their portions of the rent?

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In situations involving a sublease, particularly when there are two original tenants on the lease and one sublets to a third party, understanding the responsibilities regarding rent can be crucial. In your case, since your roommate subleased their portion to their boyfriend with the landlord's permission, and now both your roommate and the boyfriend are moving out or breaking the lease, the original lease agreement and the sublease agreement come into play.

Typically, the original tenants (you and your roommate) are still responsible for the rent, as per the original lease agreement with the landlord. This means that if the sublessee (your roommate's boyfriend) does not pay the rent, the landlord may seek payment from both original tenants. It's important to review the terms of your lease and the sublease agreement to understand the specific obligations and if there are any clauses that might affect responsibility for rent in the event of a breach.

If the lease is being broken, it would be wise to communicate with your landlord immediately to discuss the situation and explore possible solutions. Sometimes landlords may be willing to work out an arrangement that could involve finding a new tenant to assume the lease or negotiating an early termination fee. Remember, clear communication and understanding your lease agreements are key steps in resolving these situations.

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