3 roommates, A (me), B, and C. C moving out 5 months before the end of the lease. (Which is not the issue.) The issue is that B and A are not in agreement about who should take C’s spot. B suggested that A look for another place to live because B wants to change vital aspects of the apartment’s atmosphere/status quo. A little background: B was living in the apartment first, and then brought on A and later on C. Which I’m pretty sure is irrelevant because all three are on the lease- ie B has no greater “right” to the apartment because she has been living there for four more months than A. Also, A and C happen to be in agreement about what type of person should move in to replace C. The question is: does C have final say in regards to who takes over her lease? Can C deny someone that (for example) B suggests? Since C is the one who is still on the lease until it ends. Is there anything that can help me legally? I don’t want to move out and I won’t allow B to choose the new roommate.

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    You should make it more clear whether this is a sublease of C by N, or a replacement on the whole lease of C by N, or a cancellation of C's sublease and a new sublease of B by N.
    – user4657
    Commented May 8, 2018 at 7:42

1 Answer 1


First, you need to understand that there are 2 agreements here: one is the contract between the landlord and A, B & C (jointly and severally) which is a legally binding contract [the lease] and the other is the agreement between A, B & C which might be (but probably isn't) a legally binding contract [the roommate agreement].

If C can sublease and to whom and in what circumstances depends first on the lease - it is quite common to have a no subletting clause or to be able to sublet only with the landlord's agreement.

Only if the lease allows subletting do we turn to the roommate agreement. Unless you have actually written this up and agreed that it will be a contract between the three of you it probably isn't one and isn't binding on anyone. If you don't have a binding agreement and the lease allows C to sublet, neither A nor B has any ability to restrict who C sublets to.

Further, barring a binding roommate agreement that allows it, no tenant can force any of the other tenants to move out.

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