Please register to participate in our discussions with 2 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.
My daughter is in college in Maryland and is renting an apartment with two roommates. One of the roommates, call her “Carol” is not paying her portion of the utility bills and in general has become a problem. My daughter and her “good" roommate have gone to the landlord and asked how they can have Carol removed from the lease, and thus move out. The landlord stated that Carol can be removed from the lease if Carol agrees to sign a Roommate Change Form. Once signed, Carol will be able to move out and the remaining roommates can find a new third new roommate.
The problem is Carol has not signed the Roommate Change Form and no one is sure if she will. She has also made threats of “revenge” against the girls. In my opinion the situation has become unsafe and there are irreconcilable differences. If Carol does not sign the Roommate Change Form and move out, how can we legally terminate the lease without paying the lease break fee which is almost $2,000?
Your daughter needs to go down to the local precinct and find out about getting a restraining order against Crazy Carol. Revenge threats are not to be taken lightly.
Maybe they can offer Carol $300 as 'moving expenses' if she signs the form. But that money will not be paid until she signs the form and moves out completely.
Make it seem like they really want to reimburse her for the expenses related to moving because they know it's tough. This will play with her emotion more and she won't feel victimized as much about the whole thing. It's likely to keep the peace. She's much more likely to sign it this way, IMO.
Would your daughter consider moving out and signing the roommate change form herself?
This is a brilliant solution.
As far as breaking the lease without paying a fee - no, you don't have a legal reason to do so. Normally, you can only break a lease legally without penalty if the place isn't habitable (giant hole in the roof, no plumbing, infested with rats, that kind of thing), or if the landlord materially misrepresented the place.
Also, check with management to see if all three girls have to sign off on breaking the lease. If Carol won't, and it's required, they're all stuck.
Perhaps you can sit down with Carol and tell her you are running a tab on what she owes. You will then wait until the end of the lease and sue her for the total, including any damage she causes, including attorney's fees.
Or, she can sign the form and move out now, and you'll let her off the hook for what she owes, if she is out by x date.
Did the parents have to co-sign? If so, call her parents and let them know what's going on, if she still doesn't cooperate.
All three roommates have to sign the Roomate Change Form. I am sure Carol would not allow my daughter or her “good” roommate to move out because she’d be liable for the lease. My daughter and her “good” roommate are OK with paying the rent themselves, but Carol will never agree to that.
I agree with respect to the restraining order. That is being done today. In your opinion if there is a restraining order against Carol, does that meet the Maryland law criteria that states; “If a tenant wants to break a lease that does not have a cancellation provision, he/she should be aware that Maryland law permits early termination of a lease under certain circumstances. These include situations when conditions are so severe that continuation of the tenancy becomes untenable…"
We already agreed to pay her security deposit if she moves out, which was not $300, but still makes Carol whole.
Bottom line we just want Carol out and the girls happy and safe. Money is not really the issue, but we’d prefer to not pay $2000 if possible.
All three roommates have to sign the Roomate Change Form. I am sure Carol would not allow my daughter or her “good” roommate to move out because she’d be liable for the lease. My daughter and her “good” roommate are OK with paying the rent themselves, but Carol will never agree to that.
I agree with respect to the restraining order. That is being done today. In your opinion if there is a restraining order against Carol, does that meet the Maryland law criteria that states; “If a tenant wants to break a lease that does not have a cancellation provision, he/she should be aware that Maryland law permits early termination of a lease under certain circumstances. These include situations when conditions are so severe that continuation of the tenancy becomes untenable…"
We already agreed to pay her security deposit if she moves out, which was not $300, but still makes Carol whole.
Bottom line we just want Carol out and the girls happy and safe. Money is not really the issue, but we’d prefer to not pay $2000 if possible.
But is sounds like the lease does have a cancellation policy so that whole paragraph is moot.
It's not the landlord's fault your daughter and her roommates are in dispute, so don't expect him to waive the lease cancellation fee. Remember: your daughter signed that lease, so she agreed to the fee in writing.
The problem here is Carol, so focus on her. Maybe the other two roommates should mail her a letter stating they will sue her in small claims court for her share of the utilities if she doesn't move out by a certain date?
Last edited by LOL_Whut; 09-24-2013 at 12:42 PM..
Reason: typo
One other thought about protective orders/restraining orders. For the person who charges are filed against, it is very serious to have something like that on public records and can hurt future employment and leasing situations. So I sure hope this isn't a silly "girl thing" and real threats have been made before the roommates leverage charges against Carol.
Always better is a calm solution. Just not always possible.
One other thought about protective orders/restraining orders. For the person who charges are filed against, it is very serious to have something like that on public records and can hurt future employment and leasing situations. So I sure hope this isn't a silly "girl thing" and real threats have been made before the roommates leverage charges against Carol.
Always better is a calm solution. Just not always possible.
I was wondering the same thing. What was the "threat" exactly? I doubt it was a death threat or OP would have said that.
Carol may respond to the court action by filing her own restraining order against OP's daughter in retaliation. Then they can both explain to future employers why restraining orders appear on their background checks! All three roommates may end up regretting this for a very long time.
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.
Please register to participate in our discussions with 2 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.
