Can a roommate leave if they are on a lease but it is a signator guarantor lease?

Question

I have a roommate that wants to leave immediately although he has not spoke to us about it yet. He had already posted his shared room on an apartment site (without telling us again!). Does he have the right to do that? My father is the signature gurantor, but all 5 of us signed the lease that we were the ones living there. Can he do that?

Answer 1

If he signed the lease as a rentor, then YES, you have the legal right to sue him for monies owed for the remaining part of the lease. The grantor makes no difference -- that's simply there for a credit guarantee. But you have the LEGAL RIGHT to go after him for the month's worth of rent that he has not/ will not be paying. (ie. he signed a year lease w/ the other 4 of you, left after only 2 months, you have the right to go after him for 10 months worth of his share of rent)

Answer 2

Most likely no. Most managed properties do no allow subleases, which is what in essence he would be doing. If he wants to leave he needs to tell you and the management company. He will probably need to give at least two months notice. When this happened to me, the remaining roommates actually had to reapply to ensure the credit requirements were still met. (We also had a parent signator.) At a separate complex it wasn't quite the same hassle. There was something like a $50 fee for a lease change in which one person's name was deleted and another added. Either way, he should get his name off if only to protect himself. Otherwise, anything that happens to the apartment could still be charged to him.

Answer 3

I don't see any way for you to hold him to the lease if he's intent on moving. Just try to replace him asap with someone of your choice.
There are advantages to roommating and disadvantages. Here's the disadvnt. part.


best of luck,

Answer 4

of course he can ,you will have to take him to court.