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A yearly lease was signed last December to rent this house. In June my roommate moved out but her name is still on the lease and I have continued to pay the rent. The landlord wanted me to sign a new lease taking her name off and forcing me to pay another $400 for her half of the security deposit he refunded her. What should I do? (Maryland)

2006-07-27 16:32:39 · 9 answers · asked by ? 1 in Business & Finance Renting & Real Estate

9 answers

If she wants her name off, you have to sign the new lease.

Now, it's your landlord's problem if he refunded her security deposit though. The contract is binding, on both sides, whether she lives there or not (any lease worth the paper it's written on has a clause entitled "joint and several liability"...if he doesn't have this clause, he's just as screwed, if he does, it implies that you are liable for the terms of the lease even if your roommate moves out...but the terms don't change)

Bearing in mind that I am basing this on basic contract law (if there are wierd laws in maryland that I don't know of, this might not apply...I'm in ohio..), if you don't sign the new contract there is nothing the landlord can do. He can take you to court, but he would lose if you fought it.

If you ask me, I would say don't sign the new lease, and see what the landlord does. Check your original lease though...if there is a clause that states that the original lease is null and void if one of the people on the lease moves out, you might be in a bind. If not, tell the landlord you want to stick with the original terms and immediately submit to him notice that you wish to leave at the end of the lease...no sense in sticking around if he's going to act like this....

2006-07-27 16:44:28 · answer #1 · answered by Anonymous · 5 0

Since your roommate left, you are the only one lliable. Therefore, you should be the only one on the lease. In addition, just b/c one person left doesn't mean only half the rent is due now. When your roommate left, she was owed her security deposit & unfortunately, you are left to carrying the bag. Your landlord is in reason by requesting these changes. If you can't afford them, you need to get another roommate or move.

2006-07-27 17:03:18 · answer #2 · answered by ModelBehavior 2 · 0 0

regrettably, you're unlikely to gets a commission. And, you are able to desire to be sure the finished lease gets paid to the LL or you will get evicted and have each and all the adverse repercussions. this is an high priced lesson on why this is by no ability a sturdy thought to enable all people stay on your residing house of residing with out being on a signed hire. with out being on the hire, the roommate has 0 criminal duty to pay the owner or abide with the aid of the hire. apart from, as you have found out, if he damages something or does not pay the lease, you're left conserving the tab. apart from, if he exchange into there with out the LL's permission, the LL ought to evict you and your female buddy for having an unauthorized tenant. apart from, regardless of out hire, after 2 years, he's a resident, and is afforded particular rights such with the aid of fact the nicely suited to 30 days observe to bypass. None of this is on your choose. Tenants attempt to sneak people in with out being on the hire with the aid of fact they think of they're going to income some thing. actually, the tenants on the hire as nicely with the aid of fact the LL the two have a prepared interest in making particular all and sundry in an place of residing are on a hire. So, understand which you're out the funds, and its with the aid of fact you probably did no longer get a signed hire.

2016-10-08 10:00:28 · answer #3 · answered by murchison 4 · 0 0

All the landlord wants is the money he/she was promised in the contract that was signed by you and the roommate. I'm a landlord myself, and think it's a shame that people take advantages of the loop holes in the justice system. When I get someone to sign a contract, all I want is to be sure that they are going to pay the rent that we've agreed to.... and to take decent care of MY property! I have to pay the mortgage on the houses I rent out, and I depend on renters to pay me in order to make those mortgage payments. If you don't want to rent, don't sign the contract. Buy your own house and see if the bank (or mortgage company) cares who pays the bill.... bottom line is that the landlord depends on your monthly payments in order to make his/hers.

2006-07-27 16:55:00 · answer #4 · answered by Landslide 3 · 0 0

The landlord isn't changing the lease. They are just removing your old room mates name. Since your room mate moved out, you are now responsible for the other half of the security depsit and the other half of the rent.

Suggestion...if you don't want to pay it all, get another room mate.

2006-07-27 16:38:34 · answer #5 · answered by David T 4 · 0 0

Actually, he's being pretty fair with only charging you half the deposit, I'd be pretty happy. Maybe you could call the Better Business Bureau to find out more. Could you get another roommate?

2006-07-27 16:37:57 · answer #6 · answered by Lindsay M 5 · 0 0

I am pretty sure your original lease stipulates that if the living arrangement changes, a new lease has to be drawn up. If you don't want to comply, move!

2006-07-27 16:36:10 · answer #7 · answered by wittbelle 3 · 0 0

he has the right to do so since she's leaving and should there be any quibbles about damages or such. would be kind of hard to track her down. either move or suck it up for a month and pay the deposit

2006-07-27 16:36:58 · answer #8 · answered by Anonymous · 0 0

was there a clause in the contract that it could be reduced????...My guess is no...and if I am right, then it is NO!

2006-07-27 16:36:53 · answer #9 · answered by alandicho 5 · 0 0

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