When A Roommate Moves Out – Part I

If, you have a month-to-month tenancy and your co-tenant wishes to move out, then he / she is responsible for giving the landlord the requisite one-month notice in writing, including paying his / her share of the rent through the end of the notice period. In case, there is a rental lease or agreement, it is necessary for the tenant to either get the landlord’s permission to move out before the due date, if possible, or else he / she has the option of finding a suitable replacement acceptable to the landlord. It is important for a co-tenant to understand, leaving without the landlord’s acquiescence, or without finding a replacement can result in serious fallout.

However, it should be noted, the unauthorised departure of a co-tenant could mean all co-tenants will be evicted, even if they are able to pay the full rent, as it is the landlord’s legal prerogative. He / she may opt to evict those, whose signature is on the lease or rental agreement, since the breach of it by even one tenant is considered to be a violation of the length of stay clause, and for which all tenants are liable.

However, in all probability your landlord will allow you to stay on, as long as, the rent is paid on time and his / her rental property is occupied by non-destructive, well-behaved tenants. In other words, timely payment of rent after a lease breach by a co-tenant will go a long way to ensure your landlord thinks twice about wanting to evict the rest of you, unless:

1. All tenants are a troublesome group, making this a great opportunity for getting rid of everyone in one quick shot, or
2. Else, if you cannot cover the rent all by yourself, in which case, you need to assure your landlord you will find a lease-abiding new co-tenant to split the rent with. This might help salvage your tenancy, and meanwhile, you could ask your landlord for permission for late rent to be able to pay in rental instalments, till a new co-tenant has been found. As well, perhaps, it is quite reasonable to ask your landlord to use the departed tenant’s share of the security deposit for rent, until a suitable replacement is found.

The upshot is, always get your landlord’s approval before moving in a new roommate. When a co-tenant ups and leaves you to pay the entire rent, you may be tempted to simply move in another roommate, without getting the landlord’s permission or by bypassing his / her application process. Forget it, not a good idea at all, as your lease or rental agreement may contain a clause prohibiting unauthorised subletting. Bringing in a new tenant without a landlord’s approval violates the agreement, and could give your landlord a valid excuse to evict you. Instead, it’s best to maintain an honest relationship by getting your landlord’s approval for any replacement tenants.