united-states residential-lease sublease breaking-the-lease
If a tenant is moving out before the end of the lease, do they have final say over who is the new subtenant?
<p>3 roommates, A (me), B, and C. C moving out 5 months before the end of the lease. (Which is not the issue.) The issue is that B and A are not in agreement about who should take C’s spot. B suggested that A look for another place to live because B wants to change vital aspects of the apartment’s atmosphere/status quo.
A little background: B was living in the apartment first, and then brought on A and later on C. Which I’m pretty sure is irrelevant because all three are on the lease- ie B has no greater “right” to the apartment because she has been living there for four more months than A. Also, A and C happen to be in agreement about what type of person should move in to replace C.
The question is: does C have final say in regards to who takes over her lease? Can C deny someone that (for example) B suggests? Since C is the one who is still on the lease until it ends. 
Is there anything that can help me legally? I don’t want to move out and I won’t allow B to choose the new roommate. </p>

<p>First, you need to understand that there are 2 agreements here: one is the contract between the landlord and A, B &amp; C (<a href="https://en.wikipedia.org/wiki/Joint_and_several_liability" rel="nofollow noreferrer">jointly and severally</a>) which is a legally binding contract [the lease] and the other is the agreement between A, B &amp; C which might be (but probably isn't) a legally binding contract [the roommate agreement].</p>

<p>If C can sublease and to whom and in what circumstances depends first on the lease - it is quite common to have a no subletting clause or to be able to sublet only with the landlord's agreement.</p>

<p>Only if the lease allows subletting do we turn to the roommate agreement. Unless you have actually written this up and agreed that it will be a contract between the three of you it probably isn't one and isn't binding on anyone. If you don't have a binding agreement and the lease allows C to sublet, neither A nor B has any ability to restrict who C sublets to.</p>

<p>Further, barring a binding roommate agreement that allows it, no tenant can force any of the other tenants to move out.</p>
