Legally Speaking Q&A: Roommate Release

Zona Law | Mark Zinman

Question: I have three tenants on the lease. Two of them want to release one and keep saying that I have to offer a roommate release. I have heard of a roommate release, but don’t know if its required. Also, if it is required, can I charge for it? 

Answer: Nothing in the law requires you to do a roommate release. It is completely optional and if you want, you could tell them that all three remain liable even if one of them moves out. If you do elect to use roommate releases, you are welcome to charge them for doing so. We suggest you have a written policy as to how much you charge, and then follow it. Also, we suggest you draft a written agreement specifying the terms of the roommate release, including the fact that the roommate who is leaving waives any claim to their deposit – you don’t want them coming back months later trying to sue for a return of their deposit.