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Old 09-19-2008, 12:49 AM
 
100 posts, read 276,018 times
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I took over a room for an individual two months ago and I did not even get around to signing the lease. However I have no intention of staying here and next month (maybe even late this month)I am leaving and I have not informed my roommate of my intentions. So what should I do if I did not sign the lease.

Is the original roommate still responsible, if I just get up and leave or will the managemant office and my roommate badger me to pay the rent. I did not sign the lease and I do not even have a copy of the lease so I am not liable for anything that is in the contract right?
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Old 09-19-2008, 01:49 AM
 
14,029 posts, read 25,855,451 times
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Sounds about right to me... depending on what you mean by "took over a room"

I wouldn't expect to remain on friendly terms with your roommate if what you're saying is you made a commitment and are now looking for a backdoor way out.
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Old 09-19-2008, 12:04 PM
 
Location: South Tampa, FL.
1,367 posts, read 3,581,115 times
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If the previous resident was not signed off, they are still LEGALLY responsible for the apartment. If you NEVER signed the lease or any roommate add-on agreements, the YOU are NOT responsible for anything legally.
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Old 09-19-2008, 01:12 PM
 
516 posts, read 1,216,639 times
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Seems to me that without a lease, you're not bound to any legal obligation. The original tenant is still liable for fulfilling his lease.

Ultrarunner is right about the personal aspects - if your roommate or the person you 'took over' from are friends, they may not be after you leave.
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Old 09-19-2008, 02:48 PM
 
650 posts, read 1,653,759 times
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Since there is a lease in effect, the lessee is responsible. The flip side is that non-lessees can be legally barred from occupying the premise.
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Old 09-19-2008, 03:28 PM
 
Location: Maryland
1,668 posts, read 5,465,196 times
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If your friend's lease allowed him to sublet (which would be a first) he would have to get a written agreement with you, and he would be your landlord. You would pay him a security deposit and the rent, he would pass it on to his landlord, as he is ultimately responsible for the original lease. If he didn't pay his rent, you'd be on the street with him, and any money that you gave him would be fought out in court between your ex-friend and you. Your friend really went out on a limb here.
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Old 09-19-2008, 04:02 PM
 
Location: Montrose, CA
3,031 posts, read 5,626,227 times
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The person on the lease is ultimately responsible to the apartment complex, HOWEVER...your roommate could take you to small claims court and argue that you were on a month-to-month tenancy and sue you for damages. They probably would win, too.
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Old 09-19-2008, 05:07 PM
 
878 posts, read 1,304,740 times
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Quote:
Originally Posted by SuSuSushi View Post
The person on the lease is ultimately responsible to the apartment complex, HOWEVER...your roommate could take you to small claims court and argue that you were on a month-to-month tenancy and sue you for damages. They probably would win, too.
Yeah, but that could easily be overcome by giving the "landlord" (person on the lease) 30 days notice.

That would be the safest course of action, IMO.
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Old 09-19-2008, 11:15 PM
 
Location: Southwest Austin
4,955 posts, read 9,763,781 times
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Quote:
Originally Posted by xenourtv View Post
I took over a room for an individual two months ago and I did not even get around to signing the lease. However I have no intention of staying here and next month (maybe even late this month)I am leaving and I have not informed my roommate of my intentions. So what should I do if I did not sign the lease.

Is the original roommate still responsible, if I just get up and leave or will the managemant office and my roommate badger me to pay the rent. I did not sign the lease and I do not even have a copy of the lease so I am not liable for anything that is in the contract right?
If you completed a rental application and were approved and then provided a lease that you never signed, but in fact acted as if it was signed by taking occupancy and living there, it may not matter that you didn't sign it and you could be held accountable.

I learned about this portion of contract law when a married couple tried to get out of their lease because the husband never signed (but the wife did, and the husband signed the application and deposit agreement). I turned them in for collection of unpaid rent, they sued me and the Judge informed them that they did in fact have a binding contract and it didn't matter that the husband never signed. And he scolded them for being so rediculously stupid. (I love Texas JP Court judges) Their actions (moving in, paying rent each month, living there, etc.) were confirmation and proof that the contract existed. Judge asked, "what, you just woke up one morning three months after living there and thought, 'oh my gosh, we don't have a lease'? Give me a break. You tried to weasle out of your lease and we all know it".

If both parties to a contract act and behave as if the contract were signed, and both parties receive all benefits contemplated in the contract, it's a contract.

That said, my experience is in Texas. Things may be different where you're from.
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Old 09-19-2008, 11:28 PM
 
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Austin Steve... I can see why Texas is known as a no nonsense state, especially when compared the SF Bay Area...

You always have beneficial advice... thanks for posting on City-Data.com
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