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My roommate gave 30 days notice to me and my landlord, the 11th is her last day. My roommate has paid one third of the rent (10 days) and I have paid my half of the rent. Since today is the 3rd, I have prospective roommates waiting to meet with the landlord for approval and then move-in on the 11th.

The landlord is demanding that the whole rent is due on the 1st. Is this legal?

The landlord does not allow subleasing and my roommate and I are on a month-to-month lease together that forbids subleasing.

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  • It probably depends on the lease. Is there a different rent depending on the number of people?
    – D M
    Jan 4, 2018 at 20:46

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As joint tenants you are jointly and severally responsible for the full month’s rent each and every month. 1/2 + 1/6 = 2/3 < 1 - the landlord needs to get the rent - how you arrange that between you and your (ex-)roommate is up to you.

I would be very surprised if the lease allows one of you to give notice, as joint tenants you leave or stay together. Legally, there is only one tenant - both of you together. Unless and until her name is off the lease, she remains responsible for the rent (as do you). If the landlord is willing to take her off and put someone else o, Lucky for you, but they are not required to.

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    There is no way the lease binds one roommate indefinitely to the other.
    – Joshua
    Aug 26, 2019 at 1:19
  • @Joshua why would you say that? They each entered the contract agreeing to be responsible for the rent (among other things) - neither can walk away from that obligation.
    – Dale M ♦
    Aug 26, 2019 at 2:34
  • 30 day notice ...
    – Joshua
    Aug 26, 2019 at 3:03
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    Nonono. The landlord has to decide whether to accept the whole of the lease is now on the remaining one or give 30 day notice to the other to vacate. nolo.com/legal-encyclopedia/when-roommate-moves-out-29520.html
    – Joshua
    Aug 26, 2019 at 3:13
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    The link says exactly what I said it does. The one who gave 30 day notice is not on the rental agreement after 30 days.
    – Joshua
    Aug 26, 2019 at 13:20

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