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Renting to Roommates => When does a lease end - Landlord Forum thread 359031








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Renting to Roommates => When does a lease end by Eric (MN) on February 8, 2019 @07:11

                              
I had a discussion on a different forum. When you have a lease with roommates, when can a roommate get out?

Assume an annual lease that has already turned to a MTM lease. It's over a year old. One roommate wants to leave. Maybe a divorce, maybe a breakup, maybe one want to have a different place. It doesn't really matter.

The roommate that is leaving gives a notice as required by the lease, on a MTM lease. The remaining one does not want to move. Assume that the remaining roommate can afford the rent.

Is the lease terminated by the one roommate? Or does it take all roommates to terminate it?

If it takes all roommates, how long is that one roommate that left responsible for the rent? Can the existing roommate can sue for any rent owed? For how long?

And what does "joint and severally" mean in regards to giving notice and paying rent?
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Re: Renting to Roommates => When does a lease end by Garry on February 8, 2019 @11:56 [ Reply ]
Once a longer lease turns into a M2M, any roommate can give a 30 day notice to move, as long as the notice conforms to Mn laws regarding notices. The one that moved out, is only liable for whatever his/her portion of rent has been, for the 30 days prior to the date s/he moves out. Then, once the single T is gone, and depending on how the original lease was worded, the remaining tenants either owe the full rent the following month, or only their portion of the full rent.

"Joint" means the whole group of tenants as 1 entity. "Severally", means each T can be held responsible for the full rent, IF the other Ts do not pay their portion.

Essentially, a M2M lease is being renewed every 30 days, with all Ts, for the next month. So some, none, or all the Ts can decide every 30 days to stay or go. This all sounds more complicated that it really is. So use some common sense. It's a M2M lease. ANYBODY that gives legal notice of moving , pays their portion of the rent up thru their moving day,and then moves, cannot be held liable for any future rent. This would be the same, even if you had a married couple of 20 years, decide to divorce. The one who stays, owes the rent, every 30 days that they stay, until the move out, too.

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