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I don't want to go too far off topic, but I'm confused about one critical point.
Did you or did you not sign a document for the renewed lease?
If the answer is no and they replicated your signatures from the previous year, then the answer was to not pay. You can't breach a contract you didn't sign into. If you did, that's another matter.
Actually I am not quite sure who ended up signing first, second, or last. This happened over 20 years ago so a faulty memory is probably contributing to it . Everything was being done via fax (before email existed) and there were draft documents shuttling back and forth between the three of us. There was a day or so between my signature, the RE agent's, and the homeowner's. When I signed the new draft lease no one else had; the job offer came right in the middle. I had thought I halted the process in time, but the RE agent was the go-between and he was playing his own game. He delayed updating both of us and the homeowner finalized his signature on what he thought was the correct rental document. Of course, you're right...if I'd challenged the legitimacy of the new lease and refused to pay things might have gone differently. When I approached the homeowner he told me I would be sued. In hindsight, maybe I was taken for a huge ride. I have my suspicions, but just don't know.
Last edited by Parnassia; 07-17-2021 at 02:30 PM..
Thanks for responding! Our apartment does allow releasing me from the lease if she agrees on a new roommate, however she does not want to do that. Also, I was not yet pregnant when we signed the documents to renew the lease (we only had until April 2nd to sign the documents so we signed them in mid-March), however I found out I was pregnant on April 18th. In this case, is there anything I can do, considering I’m trying every option and she is refusing all of them and considering she’s known since April that I was planning on moving?
Your pregnancy is irrelevant with regards to the lease you signed.
However, depending on your state, there may be a strategy here.
So what's going on to make you move in Sept? You've obviously had Sept in mind since April but I'm not seeing any reason why. In any event I wouldn't plan on being friends with your roommate after all is said and done.
Is there something on the lease that says you can't move in a spouse? Just because she doesn't want him there doesn't mean you can't have him there.
Do the two of you have a place to live picked out or does he already have a place? I can understand him not wanting to move possessions more than once, but if she can't stop him moving in she might be more open to a sublet or new roommate.
Otherwise it works great for her. She gets the entire place to herself with you picking up half the cost. It doesn't sound fair, but you did sign the lease.
As noted both of you signed are responsible to honor the contract because that's what a lease is. It's onething to pick up a roomate after the fact if allowed but another to actually sign the lease. I'm starting to see alot more roomate or group living and sooner or later someone will want to leave for what ever reason. These arrangements will wind up being like divorces come time to leave.
Even before the virus read stories from SF where groups of people were starting to buy houses and the issue that arose when one person doesn't want to pay their share of the mortgage. I've seen it in other states as well.
Actually I am not quite sure who ended up signing first, second, or last. This happened over 20 years ago so a faulty memory is probably contributing to it . Everything was being done via fax (before email existed) and there were draft documents shuttling back and forth between the three of us. There was a day or so between my signature, the RE agent's, and the homeowner's. When I signed the new draft lease no one else had; the job offer came right in the middle. I had thought I halted the process in time, but the RE agent was the go-between and he was playing his own game. He delayed updating both of us and the homeowner finalized his signature on what he thought was the correct rental document. Of course, you're right...if I'd challenged the legitimacy of the new lease and refused to pay things might have gone differently. When I approached the homeowner he told me I would be sued. In hindsight, maybe I was taken for a huge ride. I have my suspicions, but just don't know.
You probably were.. he was collecting your rent and rent from the new tenant, but as you said, you were 3000 miles away.
I can see the roommate's point. She committed to another full year's lease with you, and she doesn't want the risk of a possible bad roommate as your replacement. So she expects you to fulfill your part of the bargain, which is paying half the rent on the unit. Since you are both on the lease, you can expect trouble if either of you don't pay.
If you abandon the lease and the unit, the other person will either pay the rent in full, or not. If she doesn't, the LL will likely file against both of you in court, both for eviction, and for the unpaid rent. You could wind up with both on your record. It would ruin your credit, and make it very difficult for you to rent in the future.
However, that period of time when you have a newborn is incredibly stressful. The baby's crying will make it so that no one will sleep. I suggest you try to discuss this with your roommate, and tell her that living with a newborn is not going to be pleasant for her. If she continues to insist, can your sig other give up his apt, and move in with you for the remainder of the lease?
I'd call her bluff and tell her you and your new husband discussed it and while it's not ideal you can't afford to pay the lease and not live there so you're going to stay until April and you hope she knows how much crying a baby does and you also hope she doesn't complain about it when it happens.
Sometimes the easiest way to get people to do what you want is to make them think you're ready, willing and able to do what THEY want.
I would stop trying to make this into your roommate's problem. I don't say this to be mean, but your roommate isn't the one who got pregnant. You did, and now you're trying to put all the inconvenience of your predicament off on her. That isn't fair. This is your situation to deal with and you need to handle it like an adult.
No, she shouldn't have to live with some stranger she never agreed to live with just so you can pocket the extra cash and happily move in with your husband/boyfriend and start picking out nursery decorations. You signed a lease.
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