My roommate has decided to move out 6 mths into a yr lease. She tried to get off the lease, but our replacement was not approved and the landlord is refusing to let her out of the lease, since she knows we cannot afford the place without her. She says since she told me she was moving out (almost) a month before, that she is not responsible for her part of the rent. She says that it is our responsibility to pay it, but I say that since she is 1/3 of the lease she is responsible for her part still.
My question is, if she gave a month notice but was not let off the lease by the landlord is she still legally responsible for her part?
Our landlord made it clear that the rent is due by the first regardless of how it's made (in other words if one person can't make it all 3 of us are responsible to get it paid). So I'm assuming that if we chose not to pay it at all all 3 of us would be sued. So, if the 2 of us cover her portion, can we legally go after her for the months she refused to pay?
2007-04-26 15:56:07 · 13 answers · asked by trushortee 1 in Politics & Government ➔ Law & Ethics
We are in colorado, by the way.
Also, we will (most likely) be able to pay her part somehow just so we can stay, but are we able to hold her responsible for her part , even if it means we have to take it to court in the future?
2007-04-26 16:23:09 · update #1
Another note:
We did, of course, pay a security deposit. Since she left against the lease are we able to keep her portion of the deposit? The landlord said it will come in a check made out to all three of us. I feel that she forfeits her deposit by leaving, am I right?
2007-04-26 16:36:03 · update #2
In any and every state if she signed the lease she is legally liable. Yes, you can go after her for her share. Don't let her get by with this.
Aside to Marcie K: Your copied info does not even cover the question asked. And it is far too long, even if it did.
2007-04-26 16:09:24 · answer #1 · answered by lcmcpa 7 · 2⤊ 0⤋
Well, most leases with more than one person are joint and severable, which means they can go after any one of you or all of you. So even if two of you moved out, the last one would have to pay all the rent or be evicted and most likely all of you would be sued or sent to collections or both. The one who left could have sent a written request to the landlord, but it doesn't sound like even if that person did, that it was accepted by management. Therefore, even if that person leaves, they are still legally responsible for their share until they find a replacement to sublet that is accepted.
However, in the meantime, the two of you left are responsible for the half each now, unless you both want to face eviction, which will stay on your credit for 5-7 years.
Good luck and I hope this helps.
2007-04-26 16:06:58 · answer #2 · answered by SouthBendJason_Go_Irish 1 · 0⤊ 0⤋
You answered your own question in your last sentence. Your landlord has a right to hold the three of you to the terms of the lease UNLESS there is something in the lease that excuses a person who no longer wants to remain in that situation. But that is unlikely. You are basically 'stuck' with payment of her portion of the rent...albeit her telling you that she was leaving. You can sue her in small claims court. Also, I am assuming she paid a portion of the security deposit. You can also ask the court to hold her portion of the security until you and the remaining tenant move out. And the court may also consider that since she breached the contract she may not have any rights concerning the security monies.
So if you can, pay her portion of the rent, hope for a new and financially stable new roommate, and sue the former tenant.
You may need a lawyer but in small claims there are forms that you can fill out where you can state your claim without a lawyer.
(The lawyer may charge you more than the former tenant's share of the rent).
Good luck.
.
By the way I am of course, NOT a lawyer, and I doubt if anyone else here is either. There are two lawyers in my family, none of whom are willing to give free advice. But I did work for them for two summers and they answered all of my questions, all of which were correct. So, if in doubt, consult an attorney.
2007-04-26 15:59:57 · answer #3 · answered by rare2findd 6 · 1⤊ 0⤋
You will be obligated to pay her portion of the rent, however you do then have the option to take up a civil case against her. She is legally obligated to pay it because she did sign the lease. It may be helpful if you have something that the three of you put together stating who pays how much each month, if you pay different amounts. If you split everything three ways equally then you should be okay. Keep track of how much she would have had to pay each month and sue her for it. A lease is a legal binding contract and the only way out of it is to pay the remaining rent you owe, since you will have to pay it to stay there it will be you she owes not the leaseholder.And yes if you choose not to pay the rent the leaseholder can sue all three of you for the money.
2007-04-26 16:05:09 · answer #4 · answered by dydasgirl 2 · 0⤊ 0⤋
The three of you signed and the three of you are legally responsible to the landlord and to each other. Tell her straight out that she is responsible for her portion and all attorney fees incurred involved in getting her to pay. If nothing else you can ruin her credit by taking her to small claims court or a JP depending on where you live. Your roommate is taking advantage of you. Don't be nice because she isn't. She is sticking it to you and knows it. Stick it back. Whatever it cost you, you have learned a valuable lesson. Now teach her one. Also be sure to keep track of her-social security number, driver's license number, parent's address, work address so that you can find her later. Lots of luck!
2007-04-26 16:09:40 · answer #5 · answered by towanda 7 · 0⤊ 0⤋
Yes, if her name appears on the lease, she is legally responsible for her share. If she doesn't pay, then the burden would go to you and the other roommate and then yes, you 2 can sue her for her share. Whoever's name is on the lease is who is responsible for the payments so if all 3 of you are on there, then all 3 of you are responsible.
2007-04-26 16:00:00 · answer #6 · answered by First Lady 7 · 0⤊ 0⤋
Yes you can take her to court to pay the portion she signed the lease for. I would do so as soon as she moves out.
2007-04-26 16:01:07 · answer #7 · answered by Cathy S 3 · 0⤊ 0⤋
She is 100 percent liable for her share of the lease..if she signed the lease the landlord is the only one that can let her out...she just can't arbitrarily let her self out...and now she is willing to let you possibly go homeless....some friend.
2007-04-26 17:04:17 · answer #8 · answered by Dr. Luv 5 · 0⤊ 0⤋
unfortunately you will be all held responsible for the rent. If you cant come up with her part then most likely you will be asked to leave. This is the reason why no one should have a room mate!!!
2007-04-26 15:59:07 · answer #9 · answered by ascloud@sbcglobal.net 3 · 1⤊ 0⤋
yes, she's still is responsible for her 1/3 of the rent. it seems your going to have to sued her.
2007-04-26 16:00:04 · answer #10 · answered by Anakin 7 · 0⤊ 0⤋