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Basically my friend and I got into a lease with a person that we shouldn't have and feel threatened by. The lease has not started yet and the landlord agreed that the lease could be forfeit if all parties sign a release form. Our security deposit would be forfeit.
The third person on the lease refuses to sign the release form stating that she will not sign unless given an incentive. I have already offered to pay her security deposit since it is our wish to to drop the lease. She said she will only sign the paper if her security deposit is paid for AND we pay her additional money.
Otherwise, the lease will start without us being present and I'm sure the landlord will expect rent.
Does the lease hold you each jointly and severally liable? If so, she would be responsible for the entire lease even if you are not there -- she could sue you for it, however, but if you explained to the judge about offering to pay her portion of the security deposit perhaps it would work in your favor. If you have any emails/letters where these things are being discussed, save them.
It's always best to check with a local attorney though, and not rely on advice you get on the internet.
Basically my friend and I got into a lease with a person that we shouldn't have and feel threatened by. The lease has not started yet and the landlord agreed that the lease could be forfeit if all parties sign a release form. Our security deposit would be forfeit.
The third person on the lease refuses to sign the release form stating that she will not sign unless given an incentive. I have already offered to pay her security deposit since it is our wish to to drop the lease. She said she will only sign the paper if her security deposit is paid for AND we pay her additional money.
Otherwise, the lease will start without us being present and I'm sure the landlord will expect rent.
What is my best course of action
what she is doing is not illegal. How much money is she asking for. What the other poster said is true, if she doesn't sign the release she is responsible for the lease but so are you.
What is the best course of action, I would pay her. How much is she asking for? If she's asking for $50 each I would give it to her. If more tell her you aren't paying any rent so if she wants to its her problem. You are in a tough spot though if you don't get a release and don't pay rent you are liable.
Do you have keys yet?
No keys as of yet...It is a rather expensive lease and I know for a fact 50$ would be laughable to her. She is probably expecting 1k+
I'm guessing what will happen is she will take me and the other tenant to court since we have absolutely no intention of living on the premises nor paying rent to a place we are not residing at.
I'm guessing what will happen is she will take me and the other tenant to court since we have absolutely no intention of living on the premises nor paying rent to a place we are not residing at.
No she won't. I say call her bluff.
Write this all out carefully in a letter from you and the other girl articulating the two or three reasonable and even generous choices available to her.. with a 24hr time frame to decide which of those she prefers... or you'll withdraw all of them.
It is probably worth paying a few bucks to have a lawyer send her a letter. It should spell out exactly what her responsibilities are as someone who signed the lease. That would probably be enough to call her bluff.
No keys as of yet...It is a rather expensive lease and I know for a fact 50$ would be laughable to her. She is probably expecting 1k+
I'm guessing what will happen is she will take me and the other tenant to court since we have absolutely no intention of living on the premises nor paying rent to a place we are not residing at.
Assuming that your reasons for changing your mind are major safety issues with this person, I'd say "see you in court sister". She must get her way a lot with bullying people and she will with you too, if you let her. However, if you feel physically threatened by this person if you did not pay her, I think I would be talking to the police about now and see what they advise such as a TRO against her.
If your LL is willing to let you all out of the lease with no ramifications other than forfeiting the deposit, that says a lot too.
Call your lawyer. If you can afford this "expensive" lease then you can afford some good advice too!
You should consult with the Austin Tenant's Council and/or an attorney. Your lease probably contains language regarding failure to move in and default. It's your problem, not the landlord's, so you better make sure you handle it correctly or the consequences could end up following you for years to come.
Whether it's a divorce, busted roommate situation, or whatever, when an applicants wants to start telling me a story about someone else and how bad they were, I stop them and say "you picked them, you're responsible for your choices".
Careful Steve, you're not in the Austin forum anymore.
I agree that legal advice is in order. I'll just add that IMHO it's not totally outrageous for her to expect something above and beyond a refund of her deposit. You backing out after agreeing could leave her in the difficult position of needing to find a new place, or new roommates, without enough time to do either.
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