Although most people wait until their lease is over to move, situations arise in which that's not always possible. Moving out before a lease is up is not only difficult for the landlord and the individual who has to move, but also for their remaining flatmates.

If you have a flatmate who plans on breaking their lease, here are a few things you can do to protect yourself as the remaining tenant.

Consult your lease

In the lease that you signed, your landlord most likely laid out what will happen if one of the renters in a multi-tenant property vacates the premises. In some cases, the landlord treats each flatmate individually and will not require anyone else to pay their rent if they break their lease. In other cases, the landlord might determine that it's up to the remaining tenants to pay the missing piece of the rent if a flatmate breaks the lease. Consult your lease before taking any action.

Make an agreement with your departing flatmate

If your flatmate tells you that he or she plans on breaking the lease, ask them to sign a legal contract that lets you know how they plan on paying for their portion of the rent and any other costs that all renters are responsible for. These other costs could be anything from damage and utilities to a monthly pet fee. You could also ask the departing tenant to find another flatmate to take their place.  Regardless of the path you take, be sure you keep your landlord in the loop on everything.

Talk to your landlord

If you are making your flatmate pay the remainder of their rent or asking them to find an alternative tenant, you should let your landlord know about the plan so that they can update the lease and talk to you about any other options that might be available. This step is especially important if you plan on finding an alternative flatmate. After all, you want the new tenant to sign a lease that makes them liable for damages and rent just like you are.

Know your rights

For flatmates who leave in the middle of the night (yes, this happens), there is the possibility of taking them to small claims court for the rent they owe. Keep in mind, however, that unless all of the names from the lease are also on utility bills, you will probably not be able to get this money back from your departing flatmate.

Make sure the departing flatmate gives up their right to stay

While you might be counting on your departing flatmate to leave and never come back, they could still think they have the right to return whenever they'd like because their name was on the lease. Make sure there is a written agreement detailing that they are moving out and giving up their rights to the flat. This will most likely result in the locks getting changed. Be sure to consult your landlord, who will likely be paying for this cost.

Having a flatmate who breaks a lease can be both exhausting and confusing. It is always best to do your due diligence and explore the options you have before jumping to conclusions. Take action as soon as possible so you are not left with a big bill or, even worse, without a place to live. Is My X flatmate still responsible for his share of the rent?

Yes, your flatmate is still responsible to pay his share of the rent. You and your flatmates are all bound jointly to pay the rent to your landlord. If a flatmate leaves, the rent must still be paid in full. The landlord can evict you if the rent is not paid in full, regardless of your flatmate moving out.

Your flatmate may the landlord to remove him from the lease. If you and your landlord agree to this change, then the flatmate will no longer be responsible for any of the rent. This new agreement should be in writing and everyone should sign it to avoid later difficulties.

As a tip for next time, it is often a good idea to have a flatmate agreement in place with all of the people you are living with. The agreement should specify:

• how rent will be paid
• how long each flatmate remains responsible to pay their share of the rent
• what will happen to rent payments if a flatmate leaves

You and your flatmates are all bound jointly to pay the rent to your landlord. If a flatmate leaves, the rent must still be paid in full.  The landlord can evict you if the rent is not paid in full, regardless of your flatmate moving out. Your flatmate may the landlord to remove him from the lease.