The relationship is over. But the lease? That's still very much alive. And unlike the breakup, your landlord doesn't care about your feelings — they care about getting paid.
If both of your names are on the lease, you are both legally responsible for the full rent until the lease ends. A breakup does not release either person from the contract. Here's how to handle it.
The Legal Reality
When two people sign a lease together, they almost always have joint and several liability. That means:
- Both people are individually responsible for the entire rent
- The landlord can pursue either person for the full amount
- Your breakup is not the landlord's problem
- One person leaving doesn't remove them from the lease
In the eyes of the law, your lease is a business contract. Relationship status changes don't modify contract terms.
Your Options
Option 1: One Person Stays, the Other Leaves
This is the most common resolution. One person keeps the apartment and the other moves out. But it's not as simple as one person just leaving. You need to:
- Agree on who stays and who goes
- Contact the landlord and request a lease modification
- The remaining person must qualify for the apartment on their own (income check)
- The landlord signs a new lease or amendment removing the departing person
- Handle the security deposit (who gets what back)
Critical: The person leaving should not move out until they are formally removed from the lease. If you just leave and your ex stops paying rent, you are still on the hook.
Option 2: Both Leave — Break the Lease
If neither person can afford the apartment alone (or neither wants it), you may both need to break the lease. This triggers the standard penalties — typically one to three months' rent. The good news: you can split the cost. The bad news: you have to cooperate with your ex to make it happen.
Approach your landlord together (or separately, but with a consistent message). Explain that you're willing to pay a reasonable penalty and help find a replacement tenant.
Option 3: Find a Replacement Roommate
If one person wants to stay but can't afford the apartment alone, finding a new roommate is often the best financial move. The departing person gets replaced on the lease, the remaining person stays, and the landlord keeps getting paid.
You'll need landlord approval for the new roommate, and they'll likely need to pass a background/credit check.
Option 4: Ride It Out
It's not fun, but some ex-couples do cohabitate until the lease ends. This works best when:
- The lease only has a few months left
- The apartment has separate bedrooms
- Both people are mature enough to handle it
- Breaking the lease would be very expensive
If you go this route, set clear ground rules immediately — shared spaces, guests, quiet hours, financial responsibilities. Treat it like a business arrangement, not a relationship.
Getting Someone Removed from the Lease
You cannot unilaterally remove your ex from the lease. All parties must agree — both tenants and the landlord. The process typically looks like:
- Both tenants agree on who stays and who leaves
- The remaining tenant applies to qualify for the apartment solo
- The landlord approves the modification
- A new lease or lease amendment is signed
- The departing tenant is formally released from liability
Get this in writing. A verbal agreement means nothing. You need a signed document from the landlord explicitly releasing the departing person from the lease.
What If Your Ex Stops Paying?
If your ex moves out and stops paying their share, you're in a tough spot:
- You're still responsible for the full rent. The landlord will come after you if rent isn't paid in full.
- Late payments and missed rent hurt both your credit scores. The landlord can report to collections, which affects both people on the lease.
- You can sue your ex for their share. In small claims court, you can recover unpaid rent. Bring the lease, any text messages about the arrangement, and bank statements showing you paid more than your share.
The worst thing you can do is just stop paying because your ex isn't paying. That hurts both of you and can lead to eviction.
Domestic Violence Exception
If you are leaving a domestic violence situation, most states have laws that allow you to break your lease without penalty. You typically need to provide one of the following to your landlord:
- A protective order or restraining order
- A police report documenting the incident
- A letter from a domestic violence agency or counselor
The laws vary by state, but this protection exists in nearly every jurisdiction. If you are in an unsafe situation, contact the National Domestic Violence Hotline at 1-800-799-7233. Your safety comes first — the lease is secondary.
Tips for the Conversation with Your Landlord
- Be straightforward. You don't need to share personal details — just say "the living situation has changed."
- Present solutions, not just problems. Come with a plan.
- Put everything in writing (email). Verbal agreements are not enforceable.
- Ask specifically: "What would it take to modify the lease?"
- Be prepared to pay something — a reasonable fee or forfeiting a deposit is normal.
Protecting Yourself for Next Time
Nobody signs a lease expecting a breakup. But you can be smart about it:
- Keep your lease affordable on one income, even if you split costs today
- Maintain a financial cushion that covers 2–3 months of full rent
- Consider lease-break protection like LeaseFlex, which covers the financial fallout when life changes unexpectedly
- If you're moving in with a partner for the first time, a shorter lease term (6 months) reduces the risk
Bottom Line
A breakup doesn't end your lease. Both people remain legally responsible for rent until the lease expires or you formally modify it with your landlord. The best path forward is usually for one person to stay (and get the other removed from the lease) or for both to break the lease and split the penalty.
Act fast, communicate with your landlord, and get everything in writing. The sooner you resolve the lease situation, the sooner you can both move on.