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I am moving out of my apartment and leaving before my lease is up. I feel it is in my responsibility to fill my half with someone to sublet my space. My roommate says he isn't comfortable living with someone new and wants me to keep paying even after I've moved.

The apartment manager already said I could get someone to sublet. But my roommate says he doesn't want me to. Does my roommate have the legal right to dissapprove a sublet?

Please answer only if you really know the true, factual answer, thanks!

2007-03-17 09:04:28 · 5 answers · asked by Anonymous in Business & Finance Renting & Real Estate

You guys answered my question - and made my day! Thank you :)

2007-03-17 09:30:35 · update #1

5 answers

You'd have to read the contract you signed when you signed the lease. If there's no specific clause that forbids you to sublet, and considering your manager said it's ok (although I believe it would be up to the actual landlord), you can sublet.

My daughter has done that a couple times and both times she let the roommate help her pick the new renter. They both interviewed people and came to a decision together. When you think about it, it's only fair to make sure it's someone your roommate can trust and be comfortable with. But as far as legalities, you don't really have to consider your roommate's feelings.

2007-03-17 09:15:17 · answer #1 · answered by Anonymous · 0 0

I am a landlady. I can't believe that I am the only one seeing that the roommate who is not leaving has the right to not feel comfortable with some strange person living in the same room. Would YOU feel happy, if I just moved someone in with you, and you did not know if they were suicidal, some sort of maniac, someone who plays the drums every night, a person who eats all your food, some one who gets a lot of phone calls and leaves the stereo up really high all night? (Just a few foibles people can have). The room mate WOULD have a right to say, "No way!" if the two of them rented the place and did not say that one could move out, just as legally as if the contract did not say that one could NOT move out. Both people signed a lease. Each one trusted the other to honor that lease. If the lease is not kept by both parties, then, it is not kept. A lawyer could argue both ways, and logic would win out, hopefully. If this landlord wants someone to pick out a roommate for himself, fine............but, as for myself.........I'll pick out my own roommate.

2007-03-17 16:51:17 · answer #2 · answered by laurel g 6 · 3 0

Unless this was agreed to in advance, he has no legal right to force you to pay when the apartment manager has approved your sublet. You can choose the new roommate together out of courtesy, but are not even under an obligation to do that if he is unreasonable about it.

2007-03-17 16:20:34 · answer #3 · answered by Brian G 6 · 0 0

Your roommate would only have a legal right to refuse a new tenant, had you and he entered into a legal agreement with that proviso included. Absent any agreement, you may legally sublet your half of the tenancy to anyone of whom your landlord approves. In subletting, the landlord generally DOES have the right of refusal.

2007-03-17 16:09:06 · answer #4 · answered by acermill 7 · 0 0

No she cannot! She is not comfortable..TOO BAD!

2007-03-17 16:20:31 · answer #5 · answered by Anonymous · 0 2

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