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legal obligations of a lease

onlyCOpunk

onlyCOpunk

Platinum Member
About 4 months ago I went in on an apartment with 2 other friends. Now one of the girls I live with wants to move out because she found a "better place."

Problem is all she thinks she is obligated to is finding us a new housemate. Fair enough, but I asked her tonight, well what if we don't find someone by the time you want to move out? She just responded with we'll cross that bridge when we come to it.

I don't think she understands that since all 3 of us signed the lease all 3 of us are obligated to pay rent, even if she does give 30 days notice because it's not like she is subletting or the lease is month to month. There are still 8 months left on it.

Currently we are still friends but I feel that this is going make us hate each other. I hate bringing up the conversations of money and legal stuff because it makes for harsh tension, but how do I get the point across to her that regardless if she found a better deal she is still legally obligated to pay rent until we find a suitable replacement.

We still have about a month I guess until she will fully move herself out, but I'm just thinking ahead so that we don't get caught in some terrible fight and in judge judy suing her for rent money.
 
make sure you have her new address so that you know where to send the future legal paperwok,
Total up her part of the rent for the next eight months, and tell her she can pay it now or have a judgment destroying her credit and future job opportunities if she doesn't pay it.

I really do not think there is a way out of this with a friendship unless she pays as she earlier agreed.
 
What do you want a picture of whylaff?

And netguy, that sounds a little extreme. I don't mind if she moves, but like I said I don't want her to think that she can just get out of a lease because she found a better deal unless she finds a replacement that I and our other housemate find suitable. And yes I don't believe we will be friends after this as I have almost lost all respect for her backing out of the lease like that.
 
Originally posted by: onlyCOpunk
What do you want a picture of whylaff?

And netguy, that sounds a little extreme. I don't mind if she moves, but like I said I don't want her to think that she can just get out of a lease because she found a better deal unless she finds a replacement that I and our other housemate find suitable. And yes I don't believe we will be friends after this as I have almost lost all respect for her backing out of the lease like that.
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You need to separate the friendship for the legal and financial aspects of all of this.

If it were me, I would just tell her that she signed a lease and legally committed to paying for a year, and there are two options here:

- She needs to find a legal reason to break the lease according to your state's laws
- She keeps paying the rent (whether she's living there or not)


The bottom line is this: The 3 of you signed a lease together... you're all legally attached. If she skips out and you have no choice but to move or pay her portion of the rent, all 3 of you are on the hook for it with your wallets and your credit.

netguy may sound extreme, but he's right. Regardless of who is living there, she is the one that is legally obligated to pay. It's probably against your lease for you to swap out roommates anyway. If you take this route, you'll have to check with your landlord before you do anything.
 
Originally posted by: onlyCOpunk
About 4 months ago I went in on an apartment with 2 other friends. Now one of the girls I live with wants to move out because she found a "better place."

Problem is all she thinks she is obligated to is finding us a new housemate. Fair enough, but I asked her tonight, well what if we don't find someone by the time you want to move out? She just responded with we'll cross that bridge when we come to it.

I don't think she understands that since all 3 of us signed the lease all 3 of us are obligated to pay rent, even if she does give 30 days notice because it's not like she is subletting or the lease is month to month. There are still 8 months left on it.

Currently we are still friends but I feel that this is going make us hate each other. I hate bringing up the conversations of money and legal stuff because it makes for harsh tension, but how do I get the point across to her that regardless if she found a better deal she is still legally obligated to pay rent until we find a suitable replacement.

We still have about a month I guess until she will fully move herself out, but I'm just thinking ahead so that we don't get caught in some terrible fight and in judge judy suing her for rent money.
Click to expand...

Why don't you tell your roommate you are not sure of the legal implications of her moving out early? Basically say, we are all on the lease, and if she moves out without finding a secure way to make up her end of the lease, that you and your existing roommate may not be able to afford to pay the full rent. The consequence of this would be bad marks filed against all parties on the lease, including her. So she needs to either make sure that you can pay rent, every month, until the lease expires, get her name off the lease to the satisfaction of the landloard, or stay living there.

I would then say you are going to contact the landlord to find out where they stand, if they are understanding and willing to compromise, and what your options are (because you don't want to tie her down unnecessarily and if she wants to move fine, but you want to be responsible about it). If the landlord is firm, basically saying "you all signed a lease with me, I need to hold you to that because I could have leased it to other people and not taken a loss", you really need to put your roommate in check about the legal obligations.

Then, have the landlord send your roommate a letter saying they are aware of the obligations and that the landlord may take action if the roommate leaves everyone high and dry. It should say something like "I was contacted by OnlyCoPunk recently, inquiring about the legal obligations of your co-lease with my company. Just so you understand the law, and your obligations to your roommates and my company, you need to either A: find an acceptable tenant to take over your end of the lease, B: buy out the lease by paying your share of the remaining lease (1/3 rent X 8 months), or C: face legal action to collect monies entitled to my company when you executed the lease, which will include court action and filings against your credit. I would also advise against moving out prior to fulfilling your obligations to both our firm and your co-tenants as such action would be damaging to your relationships with all other parties involved." The letter needs to say "You are both going to do some fucking, and get fucked"

Let the landlord do the dirty work. Just my two cents.
 
"make sure you have her new address so that you know where to send the future legal paperwok,
Total up her part of the rent for the next eight months, and tell her she can pay it now or have a judgment destroying her credit and future job opportunities if she doesn't pay it.
I really do not think there is a way out of this with a friendship unless she pays as she earlier agreed."

This. Your roommate will leave - I guarantee it, and you'll foot the bill for her share. You'll have to sue her to recover your money. I foresee the future. Unless you get someone else in there, but thats just all messy. Why don't you explain her obligation - then draft a summons up for when you sue her, so she sees what it looks like now? Oh and attach about $3k worth for legal fees, and another $2k to collect by garnishing wages/sheriff levy - selling car, personal property, etc.

Oh and pics of said roommate?
 
here is the critical question:

do each of you have a separate lease with the landlord?

If yes, then she is on the hook herself and the landlord will pursue her directly.

If no, then the landlord will pursue all of you jointly for the rent, and it will be up to the 2 of you remaining to pursue her.
 
Originally posted by: TechBoyJK
Originally posted by: onlyCOpunk
About 4 months ago I went in on an apartment with 2 other friends. Now one of the girls I live with wants to move out because she found a "better place."

Problem is all she thinks she is obligated to is finding us a new housemate. Fair enough, but I asked her tonight, well what if we don't find someone by the time you want to move out? She just responded with we'll cross that bridge when we come to it.

I don't think she understands that since all 3 of us signed the lease all 3 of us are obligated to pay rent, even if she does give 30 days notice because it's not like she is subletting or the lease is month to month. There are still 8 months left on it.

Currently we are still friends but I feel that this is going make us hate each other. I hate bringing up the conversations of money and legal stuff because it makes for harsh tension, but how do I get the point across to her that regardless if she found a better deal she is still legally obligated to pay rent until we find a suitable replacement.

We still have about a month I guess until she will fully move herself out, but I'm just thinking ahead so that we don't get caught in some terrible fight and in judge judy suing her for rent money.
Click to expand...

Why don't you tell your roommate you are not sure of the legal implications of her moving out early? Basically say, we are all on the lease, and if she moves out without finding a secure way to make up her end of the lease, that you and your existing roommate may not be able to afford to pay the full rent. The consequence of this would be bad marks filed against all parties on the lease, including her. So she needs to either make sure that you can pay rent, every month, until the lease expires, get her name off the lease to the satisfaction of the landloard, or stay living there.

I would then say you are going to contact the landlord to find out where they stand, if they are understanding and willing to compromise, and what your options are (because you don't want to tie her down unnecessarily and if she wants to move fine, but you want to be responsible about it). If the landlord is firm, basically saying "you all signed a lease with me, I need to hold you to that because I could have leased it to other people and not taken a loss", you really need to put your roommate in check about the legal obligations.

Then, have the landlord send your roommate a letter saying they are aware of the obligations and that the landlord may take action if the roommate leaves everyone high and dry. It should say something like "I was contacted by OnlyCoPunk recently, inquiring about the legal obligations of your co-lease with my company. Just so you understand the law, and your obligations to your roommates and my company, you need to either A: find an acceptable tenant to take over your end of the lease, B: buy out the lease by paying your share of the remaining lease (1/3 rent X 8 months), or C: face legal action to collect monies entitled to my company when you executed the lease, which will include court action and filings against your credit. I would also advise against moving out prior to fulfilling your obligations to both our firm and your co-tenants as such action would be damaging to your relationships with all other parties involved." The letter needs to say "You are both going to do some fucking, and get fucked"

Let the landlord do the dirty work. Just my two cents.
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the landlord is not going to do all the dirty work. they don't care who they sue to get the money since they can sue anyone.

you might get them to send a letter. but i wouldnt expect anymore from them then that.



Originally posted by: bobdole369
"make sure you have her new address so that you know where to send the future legal paperwok,
Total up her part of the rent for the next eight months, and tell her she can pay it now or have a judgment destroying her credit and future job opportunities if she doesn't pay it.
I really do not think there is a way out of this with a friendship unless she pays as she earlier agreed."

This. Your roommate will leave - I guarantee it, and you'll foot the bill for her share. You'll have to sue her to recover your money. I foresee the future. Unless you get someone else in there, but thats just all messy. Why don't you explain her obligation - then draft a summons up for when you sue her, so she sees what it looks like now? Oh and attach about $3k worth for legal fees, and another $2k to collect by garnishing wages/sheriff levy - selling car, personal property, etc.

Oh and pics of said roommate?
Click to expand...

exactly. talk to them nicely at first. explain what will happen if she moves without finding someone. try to make her understand YOU are going to have to pay it then you will go after her.

either way this is going to end bad.
 
Originally posted by: onlyCOpunk
What do you want a picture of whylaff?

And netguy, that sounds a little extreme. I don't mind if she moves, but like I said I don't want her to think that she can just get out of a lease because she found a better deal unless she finds a replacement that I and our other housemate find suitable. And yes I don't believe we will be friends after this as I have almost lost all respect for her backing out of the lease like that.
Click to expand...

CYOA obviously she is not going to look out for you and unfortunately when it comes to money and friends or money and family....it's every man for himself.

Sure everyone can talk nice and say they will honor obligations but when push comes to shove 90% of the people will cover thier own asses rather than honor any verbal commitment.

 
Put it in wiriting.

You need to write down and you and the other roommate sign it saying you are liable for the rent for the rest of the lease. We will try to find someone to take over the lease but you will need to pay any fees that are involved in remving your name from the lease and adding the new person. For any time that goes by without a acceptable new person to take over your share you must pay the rent required by the lease.

After that give her a copy and have a witness there that is not on the lease. That way when it goes to small claims you can show the court you made a effort to help her and also made her aware you are not taking over her share, as she will say you/other roommate said it was ok.

IN WRITING!!! And also get picks of any damage she did and an estimate from the landlord.
 
If you're living in an apartment complex they may let you downgrade to a 2 BR apartment if you agree to sign a new lease. A friend of mine was in the same situation you're in with about 4 months left on her lease, and they offered to let her move into a 1 BR apartment (from a 2 BR) provided that she signed another 1 year lease.
 
If you're living in an apartment complex they may let you downgrade to a 2 BR apartment if you agree to sign a new lease. A friend of mine was in the same situation you're in with about 4 months left on her lease, and they offered to let her move into a 1 BR apartment (from a 2 BR) provided that she signed another 1 year lease."

This might be your saving grace. Indeed I did the same thing - moving up to a 2BR from a studio when I moved in with someone.
 
Each unit in my strata is individually owned and taken care of by a real estate company, or the owners are living there, so downgrading is not an option.

She said that she did contact the landlord and they said she can take her name off the lease, only with the permission of me and my other roommate. So in reality unless me and rob agree then she is still stuck on the lease.

We are all also on the lease, but individually, so she can't work independently which is unfortunate for her. I don't really think she's ever had to sign a lease before. People do things differently in Australia as usually one person will be on the lease and they will sublet out all the rooms and act as the "landlord." But since this isn't the case and she signed the lease, I don't think she truly understands what it means to be on the lease.

Oh well I'm about to walk down and talk to the real estate company now to find out the skinny on this and what I can do to protect myself. But I know basically they will say she can't take her name off the lease until we approve, they don't care who is on the lease, as long as someone is on it.
 
Does she really have any liability beyond the fee to break the lease? Paying rent for the next 8 months is not the only way to satisfy the lease.

Viper GTS
 
Originally posted by: onlyCOpunk
About 4 months ago I went in on an apartment with 2 other friends. Now one of the girls I live with wants to move out because she found a "better place."

Problem is all she thinks she is obligated to is finding us a new housemate. Fair enough, but I asked her tonight, well what if we don't find someone by the time you want to move out? She just responded with we'll cross that bridge when we come to it.

I don't think she understands that since all 3 of us signed the lease all 3 of us are obligated to pay rent, even if she does give 30 days notice because it's not like she is subletting or the lease is month to month. There are still 8 months left on it.

Currently we are still friends but I feel that this is going make us hate each other. I hate bringing up the conversations of money and legal stuff because it makes for harsh tension, but how do I get the point across to her that regardless if she found a better deal she is still legally obligated to pay rent until we find a suitable replacement.

We still have about a month I guess until she will fully move herself out, but I'm just thinking ahead so that we don't get caught in some terrible fight and in judge judy suing her for rent money.
Click to expand...

pics 1st.

then i'll give me advice on how to not being screwed while keeping her friendship
 
Originally posted by: onlyCOpunk
What do you want a picture of whylaff?

And netguy, that sounds a little extreme. I don't mind if she moves, but like I said I don't want her to think that she can just get out of a lease because she found a better deal unless she finds a replacement that I and our other housemate find suitable. And yes I don't believe we will be friends after this as I have almost lost all respect for her backing out of the lease like that.
Click to expand...

House meeting.
Point A. If we move out, we're all responsible for our portion of the least unless a replacement roommate is unanimously agreed upon
Point B. We're available dates x-y to interview anyone you want us to talk to
Point C. Should we expect your rent in check or direct deposit form after you move out if we don't find someone by then?
 
The real estate company doesn't care who is on the lease as long as someone is on it. She can't get her name off until all parties involved agree that it is ok. So I guess until a replacement is found, she is stuck paying rent.

And no I'm not posting a picture of my flatmate on the internet, that's just creepy.

Personally I also don't care about her friendship. I would never sign a lease with a friend, then move out early because I found a better deal. I'm over it, I'm going to the beach.
 
What's the big deal? It's not like she's trying to stiff you guys on rent for the next 8 months. She's attempting to find a suitable replacement to assume the rest of her lease. If she found a better place, then why are you trying to get in the way of her happiness? What if she's just sick of living with you chumps and is using this as an excuse to politely see her way out, while salvaging the friendship.

You make it like she's being immature, but I think she's doing the adult thing here. She found a better situation and is grabbing a hold of it. I'm sure she knows that if she doesn't find a replacement, she's on the hook for next month's rent.
 
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