Sunday, August 22, 2010

Roommate is breaking the rental lease...?

We live in an apartment and there are 3 people on the lease.





One of the roommates has randomly decided that she was moving out this weekend - no notice or anything. She claims that she will be going to the leasing office this afternoon to break the lease.





Question:





Since she signed a lease stating that she would fulfill it, is she legally obligated to pay her portion of rent and utilities until a replacement is found?





She's really screwing us over and we believe that she needs to cover at least the next month rent and utilities.





Any ideas, suggestions, knowledge is appreciated!Roommate is breaking the rental lease...?
This is how it works: Typically all 3 of you are responsible for all conditions of the lease. So landlord can sue YOU for what SHE did....then you have to sue HER to get your $ back. You should talk to the landlord, he/she will probably say you need to get a subletting tenant...but it would be good to communicate the issue and see how nice they are, if they'll allow you to pay that 1/3 share late, etc. Good luck, honesty is best but lesson here is: Be wary of who you choose as a partner on a contract.Roommate is breaking the rental lease...?
This is what I would do. Let her talk to the leaseing office and then go to the office and see what the decision is. Typically in my area, either the rest of the lease needs to be paid, or the next 2 months needs to be paid. That would give you enough time to find a replacement. The utilites are another story though. You'll have to take that up with her directly. If the leasing office is nice, and lets her out with no penalty (very slim chance), then you and your remaining room mate are responsible for the lease. You can then take her to small claims court and get the money back.
Your management will not let her out of her obligations unless you and your other roommate agree to take over her share. This happened to me, 1 girl moved out and me and the other girl were left. we could not afford to split her 300 dollar share as well as our own. she remained on the lease until it ended because she never found a replacement roommate. you should not be responsible for her mistake, and legally, your management cant take her off unless you consent. unless your utilities are in her name, she probably wont pay.
SHE can't break the lease. An intelligent landlord will treat the signers as a unit. All go or all stay. Same with the deposit. It is returned as a single check, you guys figure out who gets what. Same with damages. You are charged together and are each responsible, no matter who does the damage.





After she is out sue her in small claims court. Be sure you have evidence.

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