Roommate won't let me replace my room... (lease, house, legal)
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.
The duty to mitigate damages is all well and good but it's of no use in this context if one leaseholder leaves and the other remains. Landlords have a duty to mitigate damages if the lease is broken but one cosigner alone cannot break the lease and the unit must be vacant to re-rent it. In this case the landlord has no duty to mitigate unless both tenants vacate.
Another consideration is that it may be extremely difficult to find a subtenant when only three months will be remaining on the lease when you leave. The landlord is under no obligation to renew the lease.
If I find a lot of people and she rejects them all, when mid-May comes and I have to go, if I don't pay for my part of the rent, you're saying the apartment can sue us both? So she would also be responsible if I don't pay my part? I can remind her of that if she insists she doesn't want to live with anybody new.
Yes. If your lease is in both of your names. If you look at the lease it probably uses the term that you are both "jointly and severally liable." What this means, is that if you and your roommate end up owing the landlord for rent or damages, that the landlord can choose to sue you both together (jointly), or either one of you separately (severally).
If your lease is worded this way, it's like you and your roommate are basically considered one tenant. One tenant (that happens to be two people) that can be sued for any money owed.
So, if you choose to leave and may end up sued, this is why it's best to start gathering paperwork now. See if you can get the office to put in writing (an email, for instance) that someone could take over your part of the lease. And then all of the proof that you advertised and paraded potential roommates before your current roommate.
A judge would look at the fact that your roommate could have avoided losing rent or having to sue you, by accepting a new roommate, which would be allowed under your lease. That is called "mitigating damages." It means avoiding damages (costs) that could have been avoided.
Even though she isn't your landlord (who is required to mitigate damages for breaking a lease), she's someone who could have avoided suing you for rent, by behaving reasonably by looking for a replacement roommate.
Technically it makes sense but, as already pointed out, finding a subtenant when there will only be 3 months left on the lease isn't likely to be an easy task.
Technically it makes sense but, as already pointed out, finding a subtenant when there will only be 3 months left on the lease isn't likely to be an easy task.
The point (of course) is that there is unlikely to be a train of potential roommates for the OP to present to her roommate with only three months left on the lease.
The point (of course) is that there is unlikely to be a train of potential roommates for the OP to present to her roommate with only three months left on the lease.
So, don't even try? Just eat three month's of rent? That's your advice?
^There are a few people interested, it's not many, but some are inquiring. It's just my roommate telling me she doesn't want to live with a new person. That's not really my problem though, is it?
I do have her text saying she does not want to live with someone new right now but she wants to talk about it in person. She also thinks that resigning the new roommate in at May would put her on a new lease agreement till May 2016. I asked the property manager and they said that is not the case. I'm thinking of sending them an email to get that in writing and to forward it to her. I was wondering if I should also confirm with them in writing that we are both responsible for the total amount of the rent. If I forward that to her would that show my plan of attack too much?
I have a feeling she is trying to get me to pay for my part even though I won't be living there. She spoke to me the other day and said subletting is not allowed. I said, yeah, I know, I'm not subletting, I'm giving up my lease. She then told me that her last roommate left in May but still paid for her part up till August. I said I'm not going to do that, I'm going to find someone to replace my room. Then I texted her today about finding a new roommate and she said something like remember how I told you I'm not renewing my lease? I don't want to live with anyone new right now. She made it sound like she's expecting me to pay for my part of the rent so she can have the whole apartment to herself like her last roommate did. I'm not doing that. This whole relationship has been a power trip for her.
Here is a simulated conversation I may have with her. I want to make sure I am using my wording correctly.
Me: Hey roommate, so have you thought about my suggestion of possibly moving out on May 2015 like I am so that we can give up the entire apartment?
Roommate: Oh, I don't know if I want to do that because I have classes.
Me: But you said you won't be here that much anyway.
Roommate: Yeah, but I'm going to stay until my lease ends.
Me: Well, I'm going to have to find someone to take over my lease. I forwarded you the email the apartment people said about how you won't have to sign a new lease. The whole lease will still end August 2015.
RM: Yeah, but it's really not that easy... I just don't want to live with anyone new right now, because of our whole situation.
Me: Well, I can't pay for the months I'm not living here.
RM: *no response*
Me: Well, since both of our names and your mom's name is on the lease, we are both responsible for the entire amount of the rent, so if I just move out, you will still be responsible for my part of the rent.
RM: What? That's BS!
Me: No, it's not. I'm trying to work with you and find a new roommate but you're not working with me here.
RM: Well, it's really not that easy.
Me: Well, you have to work with me or I'm just going to move out and not pay. Then you'll be stuck with the rest. You can sue me if you like, but I have your texts saying how you don't want to live with anyone new. I will tell them I tried to get a new roommate but you're not working with me and I can't afford to pay double rent. So it's your call.
^There are a few people interested, it's not many, but some are inquiring. It's just my roommate telling me she doesn't want to live with a new person. That's not really my problem though, is it?
If the lease is in both names as tenants, under the VRLTA, both tenants must agree to any changes. Your landlord CAN NOT agree to you subletting 1/2 the unit and have that agreement binding on the other tenant of that lease. Your landlord may be agree to subletting but that will still need the approval of the other named tenant(s) on the lease. The exception is if you have a lease and your roommate has another separate lease.
I do have her text saying she does not want to live with someone new right now but she wants to talk about it in person. She also thinks that resigning the new roommate in at May would put her on a new lease agreement till May 2016. I asked the property manager and they said that is not the case. I'm thinking of sending them an email to get that in writing and to forward it to her. I was wondering if I should also confirm with them in writing that we are both responsible for the total amount of the rent. If I forward that to her would that show my plan of attack too much?
I have a feeling she is trying to get me to pay for my part even though I won't be living there. She spoke to me the other day and said subletting is not allowed. I said, yeah, I know, I'm not subletting, I'm giving up my lease. She then told me that her last roommate left in May but still paid for her part up till August. I said I'm not going to do that, I'm going to find someone to replace my room. Then I texted her today about finding a new roommate and she said something like remember how I told you I'm not renewing my lease? I don't want to live with anyone new right now. She made it sound like she's expecting me to pay for my part of the rent so she can have the whole apartment to herself like her last roommate did. I'm not doing that. This whole relationship has been a power trip for her.
Here is a simulated conversation I may have with her. I want to make sure I am using my wording correctly.
Me: Hey roommate, so have you thought about my suggestion of possibly moving out on May 2015 like I am so that we can give up the entire apartment?
Roommate: Oh, I don't know if I want to do that because I have classes.
Me: But you said you won't be here that much anyway.
Roommate: Yeah, but I'm going to stay until my lease ends.
Me: Well, I'm going to have to find someone to take over my lease. I forwarded you the email the apartment people said about how you won't have to sign a new lease. The whole lease will still end August 2015.
RM: Yeah, but it's really not that easy... I just don't want to live with anyone new right now, because of our whole situation.
Me: Well, I can't pay for the months I'm not living here.
RM: *no response*
Me: Well, since both of our names and your mom's name is on the lease, we are both responsible for the entire amount of the rent, so if I just move out, you will still be responsible for my part of the rent.
RM: What? That's BS!
Me: No, it's not. I'm trying to work with you and find a new roommate but you're not working with me here.
RM: Well, it's really not that easy.
Me: Well, you have to work with me or I'm just going to move out and not pay. Then you'll be stuck with the rest. You can sue me if you like, but I have your texts saying how you don't want to live with anyone new. I will tell them I tried to get a new roommate but you're not working with me and I can't afford to pay double rent. So it's your call.
First, I have no trouble letting people I'm "negotiating" with to stay out of court, know what my plan is. In fact, I give them my complete argument including the quoted statutes or cases that I would use in court. The reason is, if they see I am prepared, confident, and very likely to win - they back down. If the goal is to get them to back down, then I say lay it all on the table. Show them why they will lose, and let them know that when they lose, you will also ask the judge to have them reimburse you for your court fees, too, because the losing party normally also has to pay the court fees of the winning party.
I like your quoted conversation above. It really does look like she's hoping to get the place to herself for the summer without having to pay full rent. So, I think you need to let her know you are absolutely not going to pay rent after you leave, so she better get on board to find a new roommate.
In fact, why don't you also mention to your roomie that if she doesn't cooperate, you also plan on calling her mother and letting her know that she might want to know that her daughter is not working with you and you all three may end up in court. If her mother is on the lease as a co-signer, she will also be sued for the rent money.
Regardless of any possible laws that she can possibly use to argue with your right to do this - I think you should stand firm, even if it's a "bluff." Just keep saying, well, I'm not going to pay the rent, and so I guess I'll see you in court and let a judge decide if I had to pay the rent, when you were being uncooperative about getting a new roommate. And just keep repeating that like a broken record.
If she says, but the lease says you have to pay! Just say, well, I disagree, so I guess we'll just have to go to court and have the judge decide who owes who what.
And start advertising for a new tenant.
Odds are, she'll come around. Or her mother will make her come around LOL. I think she's used to walking all over people. The best way to deal with someone like this is to be tough back. I think she expects you to back down, so don't and see what happens. IMO.
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.
