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Old 11-02-2011, 11:30 AM
 
4 posts, read 15,392 times
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This is the story I've been told by my friend who currently resides in Wilmington. Assuming the facts are correct, any help you can give would be greatly appreciate.

Currently resides in an apt in Wilmington, NC. Shares the apt with 3 other individuals, all of whom are listed on the lease. The lease is now running month to month. My friend has been informed that in order for him to be removed from the lease, all of the occupants have to sign off on it. Since they don't want to lose his part of the rent, they refuse to sign him off the lease. It was suggested he speak with an attorney, but the one he found was charging a high rate for just a consultation.

If you can offer any advice on how he can get out of the apartment without hurting his credit or putting too much of a dent in his wallet, he would greatly appreciate it. I've also found some rental housing counseling centers I've directed him to contact and see if they can help, but I know that people on city-data usually have some good advice! All help or advice is greatly appreciated
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Old 11-02-2011, 12:15 PM
 
Location: The Triad (NC)
31,394 posts, read 69,934,657 times
Reputation: 37504
Quote:
Originally Posted by 2degreesnowork View Post
Shares the apt with 3 other individuals, all of whom are listed on the lease.
This is called "joint and several liability"

The lease is now running month to month.
My friend has been informed that in order for him to be removed from the lease,
all of the occupants have to sign off on it.
or to "sever" your friend from that joint liability.
The LL will likely have to agree as well.


Since they don't want to lose his part of the rent, they refuse to sign him off the lease.
First, he should contact the LL and ask for assistance as he'll need to be involved at some point anyway
and he has the largest motivation in seeing that all runs smoothly.

Second, he needs to "call their bluff". Give the required notice to the LL and to his housemates:
"In 30 days I'm gone. If you three want to stay... you figure out a way to make that happen."

He doesn't (or shouldn't) have to worry about future rents.
As you said: "The lease is now running month to month."
Signing a lease is not a lifetime commitment and he can't be forced to stay in the arrangement.

The biggest issue your friend has to be concerned about will be apportioning damages to the place
through the time that he does leave and which he has at least a 1/4 responsibility for.
Well, that and doing it all amicably.

hth
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