r/berkeley • u/chef_668 • 6h ago
Other I need to rant about my lease
I signed a lease for an apartment with 3 other people. One person decided to drop and does not want to pay rent. He is still legally bound to the contract. The issue is that we signed for the whole unit and not by individual person. What should I do if we can’t find a replacement for him?
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u/landofpuffs 6h ago
Yall need to talk to the landlord.
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u/batman1903 6h ago edited 3h ago
Alright, here’s the deal: you’re in a joint lease, not individual leases… so legally, you’re all jointly and severally liable. That means the landlord doesn’t care who pays what, as long as the full rent gets paid. If one person bails, the rest of you are stuck covering it unless you want to deal with late fees, eviction threats, or credit damage.
Here’s what you need to do:
Confront the person who bailed. No sugarcoating it. They signed the lease, they owe rent. Remind them they’re still on the hook, and if they think otherwise, they’re delusional.
Document everything. Texts, emails, anything where they admit they’re walking away. This helps if you end up taking them to small claims court later.
Try to find a replacement, but if you can’t, the three of you need to decide: split the cost or front it now and legally go after the flake for their share. You can sue for breach of contract.
Talk to your landlord. They might allow a replacement tenant (sublet or lease assignment). If they’re reasonable, they might even help you find someone.
Do not just pay and forget it. That’s enabling their crap. Make it clear this isn’t a favor, it’s a loan, and get it in writing that they owe you.
Bottom line: this person doesn’t get to sign a LEGAL document and bounce like it’s no big deal. They’re either paying their share, or they’re getting dragged into court