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My roommate moved out two months into our year lease, in New Hanover County, North Carolina. I was able to afford the entire apartment for a few months until I found a new roommate and everything is great. I was looking forward to never hearing from her again after she left.
However, my leasing office recently told me that when the lease is up (in two months) that I will need her signature to end the lease. Is this correct? She left without taking her name off the lease, however none of her property has been on the premises for over eight months, and she hasn't returned for the same amount of time. I just know that there is no way I will be able to contact her (nor do I want too) to get her signature as she has left the state and by all accounts changed her phone number.
When I asked my leasing office about it they said I could "fax her the form if I could pay a 50.00 fee". Although I'm not particularly fond of the idea of having to pay to find her.
My new (and wonderful) roommate suggested that we just take our names off the lease, of course we would pay off all the rent and utilities, however I'd rather not just pawn this problem off on the leasing office if there's a better way to go about this without having to be liable for any costs, especially after reading this: "In North Carolina, when the lease ends, it defaults to month to moth REQUIRING a 30 day written notice, so they did break the defacto lease."
If she hasn't been there for months than she abandoned the property and even though I'm not a lawyer and can't give legal advise I know that if you give notice and your name is on the lease they should take you off and that way she is the only on liable after you move out.
The one negative thing is that the security deposit may not be returned if the leasing office is looking at it that way since from their side they have no way of knowing if you are speaking th truth or not unless they are on site and could know that she moved out month's ago.
You are all equaly responsible for the lease. I would give written notice and make a statement and perhaps have it notarized and mail it certified to give notice and let them know the other person on the lease has moved out months ago.
If the other party is not giving notice than all tenants on a lease need to sign to give notice which is normal procedure otherwise one person can go behind the others renters back and give notice and both are out in the street.
When I asked my leasing office about it they said I could "fax her the form if I could pay a 50.00 fee". Although I'm not particularly fond of the idea of having to pay to find her.
Try Facebook, other social media, or a Google search.
I may get blasted for this one...but...I'd forge her signature. The leasing office just needs a signature, she's long gone, you want out. Just look at your old lease, do a good facsimile and turn it in in 60 days, and move. That gives you plenty of time to "find" her.
I just really can't imagine anyone tracking you down or caring. But, in this case, if you're honest, everyone will make a gigantic hassle for you. Sometimes it really is easier to get forgiveness than permission.
Last edited by NoMoreSnowForMe; 05-25-2013 at 08:57 PM..
Reason: More words of wisdom.
That seems ridiculous. So one party to a lease that has ended can keep the other person hostage by not signing? So if the other person dies does that mean you can never end the lease?
My roommate moved out two months into our year lease, in New Hanover County, North Carolina. I was able to afford the entire apartment for a few months until I found a new roommate and everything is great. I was looking forward to never hearing from her again after she left.
However, my leasing office recently told me that when the lease is up (in two months) that I will need her signature to end the lease. Is this correct? She left without taking her name off the lease, however none of her property has been on the premises for over eight months, and she hasn't returned for the same amount of time. I just know that there is no way I will be able to contact her (nor do I want too) to get her signature as she has left the state and by all accounts changed her phone number.
When I asked my leasing office about it they said I could "fax her the form if I could pay a 50.00 fee". Although I'm not particularly fond of the idea of having to pay to find her.
My new (and wonderful) roommate suggested that we just take our names off the lease, of course we would pay off all the rent and utilities, however I'd rather not just pawn this problem off on the leasing office if there's a better way to go about this without having to be liable for any costs, especially after reading this: "In North Carolina, when the lease ends, it defaults to month to moth REQUIRING a 30 day written notice, so they did break the defacto lease."
Thank you!
How about her family members? Could you contact any of them to find out where she is and use them as the middle man to get her this sign-off paperwork?
What's going to happen if she doesn't sign? This can't be the first time the leasing company has had to deal with this type of an issue.
Does she have security $ she would like back?
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