If one roommate asks another to leave, is the roommate who left still responsible for their share of the rent?

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If one roommate asks another to leave, is the roommate who left still responsible for their share of the rent?

My son signed a 1 year lease agreement with his girlfriend. He moved out after only 2 months, at her request. She remained in the apartment for 6 more months. She paid the rent each month to the rental company. She is now taking my son to small claims court to try and get back the rent she paid during the 6 months that she lived in the apartment alone. Does he owe that rent?

Asked on March 23, 2012 under Bankruptcy Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Assuming both your son and his former girlfriend were on the lease for the rental with the landlord and she requests that he leave and he does so, your son should not be responsible for paying his share of the rent that the former girlfriend paid.

Whether or not the judge in the small claims action reaches the same conclusion remains to be seen.


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