3 people signed into a rental lease, 1 is leaving, are the other 2 liable for his share of the rent?

I'm located in St. Paul Minnesota and we have 5 more months left on the lease.3 people signed into a rental lease, 1 is leaving, are the other 2 liable for his share of the rent?
Yes or No...It depends on how landlord looks at...he can either go after that person or you can claim that you are only responsible for 2/3 of the rent...3 people signed into a rental lease, 1 is leaving, are the other 2 liable for his share of the rent?
Yes, unless you can find someone to move in and take over his rent. Good luck with this
A lease is a legally binding document, so technically all three of you are responsible for the rent. Out of decency the person wanting to leave should cover rent unless another tenant can be found in his place. However, the apartment owner doesn't care how the rent is divvied up between roommates; he just wants payment so it would fall on the remaining two roommates to ensure payment one way or another. If they don't, the landlord can legally go after all three of you for payment, but the two staying in the apartment would be easier to trackdown and it would hurt all of you with regard to credit history.
yeah
yes
In most states, you are each jointly and severably liable for the lease. It's not that each of you is responsible for a third. It's that the group of three is responsible for the whole rent. That means the landlord can go after one, two, or all three of you for full payment. So you and the other roommate remaining will need to pay the whole rent in order to stay in the home. If you don't pay the whole rent, the landlord can evict you and/or go after you for the rent.





If you and the second roommate do pay the rent, though, you can go after the third roommate to force him to pay his share. While you are each responsible to the landlord for the whole rent, you are also responsible to one another for your one-third share.





Think of it this way: there are actually two deals going on here. In the first deal, the three of you as a group promise to pay the landlord the rent. In the second deal, the three of you promise each other that you will each chip in one-third of the rent each month. Your roommate defaulted on the second agreement. That in no way excuses you from the first agreement. But if two of you honor the first agreement on behalf of all three of you, then you two have recourse under the second agreement to go after the deadbeat.





PS: An answer farther down the list says that if the landlord released the third tenant from the obligation, the other two will owe more. This is incorrect. If the landlord did release the third tenant from his one-third of the obligation, then the landlord is agreeing that each tenant owes one-third of the rent and has ended the obligation of the third tenant. But in acknowledging that there are three separate agreements, one for each third of the rent, the landlord cannot change the terms of the agreements for the other two and now require they pay half the rent rather than their thirds. One party to a contract cannot change the terms unilaterally. It's either the three owe the whole rent under one agreement or each has his own agreement for one-third the rent. If the latter is true, the landlord cannot collect the additional third once he releases the third roommate from the obligation. Think about how unfair that would be to the other two roommates, not to mention how unlilkely it would be that the landlord would release one roommate knowing the other two might not be able to afford the additional rent. What landlord would put himself in that position? Not only is it wrong legally, but it defies logic.





Good luck!
only if they both agree to if they don't then the one moving out is responsible to make his payment or be sued
Assuming you have a typical lease, you are all three liable. The lease isn't in thirds, it's just a lease. So if part of it doesn't get paid, you are all on the hook. Sorry.
The first question that comes to mind is Did the landlord release him from the lease? Did the LL agree to give him back 1/3 of the deposit?


If the LL released him from the lease, the full rent is between the two left. Also, look for the landlord to require you to come up with the other 1/3 of the deposit.


If the LL did NOT release him from the lease, you both will still have to pay the full rent each month.


Check your lease to see if you are allowed to sublease or get another roommate. Then explain to the landlord that the other person left, you have someone to replace him, and can his name be put on the lease. However, the landlord may require the new person to pass a credit and background check. If the new person is not eligible, then you will have to keep looking for one that is. In the meantime, pay the full rent. However the person that left is still technically responsible for his 1/3 of the rent and any damages equally. But if he left, he is not going to want to pay his third of the rent, which could cause problems if the other two of you dont pay the full rent each month.


Talk to the landlord and see what requirements he has and see if he has any objections to you getting someone else.


Good luck to you.
It depends on the laws where you are located.





Generally, the landlord will expect payment in full, and evict everyone if it's not paid in full. If evicted, the landlord will drag all 3 of you into court.





Your buddy needs to make arrangements to pay their 1/3 otherwise you'll be paying his 1/3, or you'll be suing him, or your landlord will be suing all 3 of you.