Roommate refusal to release from lease agmt

[mqueen]

Three months ago, my girlfriend and I both signed an apartment lease agreement to share an apartment together for 1 year in San Diego County, California. Unfortunately, although we had been together for several years, we have decided not to remain together as a couple and as roommates. I gave the apartment owner a 30-day notice in writing of my plan to terminate the lease agreement early. I have also given my former girlfriend/roommate written notice of the same. The problem is that the apartment owner will not accept my termination without the written consent of my former roommate. My former roommate demanded the apartment key back when I first told her I wanted to break off our relationship and cancel my lease agreement. I have not resided in the apartment for almost 2 months and have continued paying my portion of the lease, but I have been unsuccessful in trying to break my lease agreement without the cooperation of my former roommate and the apartment owner. How can I successfully break this lease? I have carefully reviewed the agreement, and it does not specify anywhere that both of our signatures are required in order to break the lease.

 

[Jack Mevorach, Esq.]

Unless there is a state statute, or language in the lease agreement, you generally have no right to break a lease agreement, and therefore remain liable on the lease agreement.