About two months ago I had asked my roommate if it was ok for my boyfriend to move in here with us and she agreed. We went ahead and made all the preparations like he placing his notice at work, not signing up for classes in his college, etc. A few days ago she told me he could not be here anymore because her boyfriend did not want any other man in here. I then choose to move out and now she is harassing me, telling me she is not paying the breaking the lease contract, and telling me what my options are, claiming she doesn't have to pay for backing down. I don't want to have more issues with her because we work together, and the trust that was there is gone now. Can she sue me for breaking the lease and getting my own apartment?
2007-12-06 13:22:01 · 5 answers · asked by ladyjuno7 2 in Politics & Government ➔ Law & Ethics
We both pay for this apartment we have now. However, I want to transfer to another apartment in the same complex, which is feasible by the lender. All I wanted to do was to move to another apartment here with my boyfriend, but she is mad about having to pay the entire rent, which I would have been concerned for her but after seeing what she is doing, it doesnt matter to me anymore. There was no written agreement with her, just with the leasing office.
2007-12-06 13:30:35 · update #1
I talked to the leasing office and they said it is ok if I stay in the complex, which I plan to do. The problem is with her because she went and got all the fees and money she would lose and shoved it on my face. My contract is with the complex, not her. I don't think she can sue me for that because the contract is with the apartment agency and I plan to remain in the complex, but I could be wrong.
2007-12-06 13:37:04 · update #2
Darn it! Well, can I have him move in here after all? I do pay half of the rent and utilities. I don't see how it is legal for her to sue me for what her boyfriend thinks, but it is not legal for me to try and settle this like adults and let it go.
2007-12-06 13:47:18 · update #3
At this point, she will do anything for the money. She is a terrible spender and wants to put this on me. It is sad that people like these get away with stupid stuff like this. I will see what the landlord says. Thank you all :)
2007-12-06 13:54:06 · update #4
Did you sign anything? If you signed something that says there is a fee for breaking the lease, she could take you to small claims.
But if it really was just verbal, then it is still possible that it can be enforceable. Although, most contracts involving real estate fall within the statute of frauds, if you made her have a detrimental reliance on it and you partly performed then it could be taken out of the statute of frauds and enforced without a sufficient writing.
I am not a lawyer though, so you will need to consult one with your specific circumstances in your jurisdiction. Lease laws vary from state to state.
2007-12-06 13:26:17 · answer #1 · answered by Eisbär 7 · 1⤊ 0⤋
If your name is on the original rental contract, then yes you are legally responsible for your share of the rent until the lease is up. If you don't pay, then she can sue you and you will very probably lose.
Verbal contracts are not valid because they are a he said/she said type of thing. No witnesses, no proof.
edit: just saw your add on. Talk with the leasing agency, but if your name is on the contract for the apartment that you are leaving, they can still hold you responsible for your share of the rent on that unit.
edit2: If you decide to move your BF into the apartment anyway, make sure you clear it with the apartment complex. Some complexes have rules where they will not allow a guest to live in the apartment longer than a few weeks and (esp. in low income apartments) have been known to evict tenants for illegal sublets.
If everything has been cleared with the complex, that is, you can move to another apartment and not be penalized or you can move him in without a problem. Then you need to sit her down and explain the facts of life to her.
Her options are:
1. Break the lease and you two go your separate ways. (also the pair of you SPLIT any fees or penalties for breaking the lease--she can't make you completely responsible for the fees as you are BOTH legally responsible for the contract.
2. you can move your BF in (and the three of you should be splitting the rent in thirds--NOT she pays half and you and he split your half).
3. You go your separate ways and she gets a new roommate.
2007-12-06 13:32:09 · answer #2 · answered by Invisigoth 7 · 0⤊ 1⤋
She can sue you for breaking the lease. However any expenses incurred after you left, rent ect are not your responsibility as you no longer reside there. She will need to prove that she has actively looking for a roommate to replace you. You should also mention to the judge when it goes that far, that you had a verbal agreement, explain that he quit his job and didnt enroll into college because she had agreed to let him move in. The explain why that did not happen. She chose to side with her bf over her verbal agreement with you. Also bring proof of the expenses that you incurred due to having to move.
It all depends on the judge and his/her mood that day. They may choose to hold her to the agreement or they may not. It could go either way.
Add On: You are not responsible for the rent incurred after breaking the lease as it was her choice to stay there once the lease had been broken. You pay to break the lease but your not obligated further then that to her once the lease is broken.
I would definatly talk to the leasing complex and see if you can work out a deal of some sort.
Add On Part 2: I dont see why your bf would not be able to move in with you, as long as his mailing address is elsewhere (send it to his parents, your parents or a friend), and he's not on the lease, then he's allowed to be there as your guest. And as long as you do not enterfere with her 'quality of life' and her yours (in other words, loud sex is out of the question, but if her and her bf do it, they cant say much)...
2007-12-06 13:41:21 · answer #3 · answered by Anonymous · 1⤊ 0⤋
in all possibility to matter on the jurisdiction yet interior the united kingdom a minor is eighteen and would basically be certain to contracts for 'necessaries' Contray to a number of reviews here contracts would properly be verbal - finding out to purchase a packet of gum from the nook save is a settlement. in actuality the united kingdom Sale of goods Act does no longer artwork except verbal contracts existed
2016-12-30 12:50:10 · answer #4 · answered by ? 3 · 0⤊ 0⤋
She can try but it's hard (and therefor not advisable) to prove a verbal agreement exists.
2007-12-06 13:26:57 · answer #5 · answered by Anonymous · 0⤊ 2⤋