U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Reply Start New Thread
 
Old 02-24-2011, 08:37 PM
 
8 posts, read 7,588 times
Reputation: 10
Post Landord Issues...PLEASE HELP

So I have been living at my current town home for almost three years, and in December I began having major issues with my roommates, and now my landlord.

Background:

-My main roommate and I moved down here when his Dad bought a place for us to rent.
-I am in my third contract year at this place.
-There are three people renting.
-My contract is a 12 month lease, my landlord has to approve a sublet, and I had no security deposit.

The Issue

-In December my roommate told me that he would be moving out with his girlfriend (our current 3rd roommate).
-At the beginning of January they found a place, but did not have firm sublettors for both of them.
-The person who was supposed to sublet for one of them would not move in unless I was there, he did not want to live with strangers (understandable). And at that point I wanted to leave cause I didn't want to live with strangers either. So that guy did not move in.
-My roommate told me that if his replacement did not move in, it would be my job to find someone to sublet for him.
-The above issue was irrelevant, and I just told him flat out he was wrong.

Beginning of January
-I contact my landlord and ask him how I can get out of my lease.
-There is not exit clause, or any mention of what happens if I leave my lease.
-My landlord tells me that I can either payout the rest of my lease or find a sublettor of my own.
-Ok fine, that is the end of our conversation.

-They do not move out and it has now been a month.

Fast forward to Feb.
-The guy who was supposed to move in for my roommate still wants to move to Nashville, and at this point I still want to leave the townhome and move in with my girlfriend.
-I offer the place to the guy to take my lease, he wants to move in. Great.
-I email my landlord and tell him that someone is going to sublet, and I would like him to begin paying rent to my landlord in March.
-My landlord responds and says that he is no longer going to approve someone subletting my lease.
-He then tells me that he doesn't really have time to deal with this anymore.


So here I am...I feel like I have been wronged. My landlord says that I can move out if I find a sublettor, then turns around a month later and says no.

There is also a bunch of personal drama going on, it has gotten to the point where I am living at my girlfriends place because I am uncomfortable in the house with my other two roommates.

I want to leave, and I feel that if this were to go to court I have ground for breaking the lease.


CAN SOMEONE GIVE ME SOME ADVICE???
Reply With Quote Quick reply to this message

 
Old 02-24-2011, 09:01 PM
 
1,704 posts, read 3,953,936 times
Reputation: 873
Do you have a written contract (lease document)? If so, what options does it include for early termination? A verbal agreement cannot supersede a written contract.
Reply With Quote Quick reply to this message
 
Old 02-24-2011, 09:54 PM
 
8 posts, read 7,588 times
Reputation: 10
I have a written contract. It does not include any options for early termination.
Reply With Quote Quick reply to this message
 
Old 02-24-2011, 10:19 PM
 
Location: Music City, USA
4,895 posts, read 4,221,013 times
Reputation: 4323
Quote:
Originally Posted by mrmike89 View Post
I have a written contract. It does not include any options for early termination.
Is it a single lease for your portion of the town home, or an overall lease for the whole thing? For example, are you responsible for the remainder of the rent if there are no other roommates?

Also, if it is an overall lease for the whole place, are you the only one who signed the contract? Did your roommates (who moved out) sign contracts of their own? If so, how did they get out of their leases?

If your name is the only one on the lease, you're legally in a pretty tight spot. Otherwise, your other roommates, no matter how reluctant, are still responsible for their portion of the rent, unless the landlord has agreed to nullify their contracts.

At least that's how I understand it. I worked in a college apt complex in Knoxville for a few years. I am by no means an expert on the issue...but I do know that if you signed a lease, you are responsible for the full amount agreed to for the term of the lease. Your lease may not have an exit clause, but it would be a good idea to comb through it to see exactly what you are liable for.
Reply With Quote Quick reply to this message
 
Old 02-25-2011, 08:03 AM
 
8 posts, read 7,588 times
Reputation: 10
I signed a lease, and so did my other two roomates. So I have a portion of it. I am only responsible for my portion of the rent if I am to leave.

The other two roomates were not able to leave because they could not find people to sublet.

All the conversations that I had with my landlord were through email - so I have the conversation where he told me I could leave if I found a sublettor, and then the conversation a month later that said he would not approve the sublet.
Reply With Quote Quick reply to this message
 
Old 02-25-2011, 08:42 AM
 
Location: Franklin, TN
2,460 posts, read 1,944,204 times
Reputation: 1176
Legally, this is covered by the Tennessee Consumer Affairs Division and there is such as thing as the Landlord & Tenant Act. You can reach them at (615) 741 - 4737 (Consumer Hotline) or (800) 342 - 8385. They offer free mediation services for complaints regarding the Landlord & Tenant Act. The website is Consumer Affairs Division - Home and the email is Consumer.Affairs@state.tn.us. Good luck and let us know how it all turns out.

Is your landlord the father of your friend? Or did I read that wrong?

When you get to the website, search "Landlord Tenant" - it's a HUGE website . . .
Reply With Quote Quick reply to this message
 
Old 02-25-2011, 08:46 AM
 
Location: Franklin, TN
2,460 posts, read 1,944,204 times
Reputation: 1176
Here is the link for the PDF that might be helpful:

http://www.state.tn.us/consumer/docu...ntBrochure.pdf

It says if you don't have a lease agreement ALSO signed by the landlord then it's called "rent without reservation" and it binds the parties to a month to month rental. Did HE sign the lease agreement????
Reply With Quote Quick reply to this message
 
Old 02-25-2011, 10:07 AM
 
Location: Music City, USA
4,895 posts, read 4,221,013 times
Reputation: 4323
Quote:
Originally Posted by mrmike89 View Post
I signed a lease, and so did my other two roomates. So I have a portion of it. I am only responsible for my portion of the rent if I am to leave.

The other two roomates were not able to leave because they could not find people to sublet.

All the conversations that I had with my landlord were through email - so I have the conversation where he told me I could leave if I found a sublettor, and then the conversation a month later that said he would not approve the sublet.
Good...you're not responsible for the whole thing. THAT would suck. And so your other roommate who says that you are responsible for finding him a sublettor, well, he's dreaming.


Does your landlord have an office? Or does he work out of his home or another business? If he has an office you can go to, you might try meeting him face to face. Sometimes people can be really unreasonable through phone or email, but not as much when you meet them in person. It might not work, but it's something to think about.

Remember, it's in his best interest that you are happy. If you find someone to sublet (i.e., who wants to live there), and you want out, he would be crazy not to let you. Sure, it may be a little bit of hassle and paperwork for him...but in the end, he knows he is much better off with happy tenants than potentially disgruntled ones.
Reply With Quote Quick reply to this message
 
Old 02-25-2011, 12:37 PM
 
8 posts, read 7,588 times
Reputation: 10
Quote:
Originally Posted by CountryGirl2b= View Post
Legally, this is covered by the Tennessee Consumer Affairs Division and there is such as thing as the Landlord & Tenant Act. You can reach them at (615) 741 - 4737 (Consumer Hotline) or (800) 342 - 8385. They offer free mediation services for complaints regarding the Landlord & Tenant Act. The website is Consumer Affairs Division - Home and the email is Consumer.Affairs@state.tn.us. Good luck and let us know how it all turns out.

Is your landlord the father of your friend? Or did I read that wrong?

When you get to the website, search "Landlord Tenant" - it's a HUGE website . . .
Thank you, I will look into this and see if I can get some help that way.

And yes, you read that correctly the landlord is my roommates dad.
Reply With Quote Quick reply to this message
 
Old 02-25-2011, 12:38 PM
 
8 posts, read 7,588 times
Reputation: 10
Quote:
Originally Posted by nashvols View Post
Good...you're not responsible for the whole thing. THAT would suck. And so your other roommate who says that you are responsible for finding him a sublettor, well, he's dreaming.


Does your landlord have an office? Or does he work out of his home or another business? If he has an office you can go to, you might try meeting him face to face. Sometimes people can be really unreasonable through phone or email, but not as much when you meet them in person. It might not work, but it's something to think about.

Remember, it's in his best interest that you are happy. If you find someone to sublet (i.e., who wants to live there), and you want out, he would be crazy not to let you. Sure, it may be a little bit of hassle and paperwork for him...but in the end, he knows he is much better off with happy tenants than potentially disgruntled ones.
My landlord does not live in state. I have found someone to live there, but he turned around and said that he would not approve for him to live there.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $79,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top