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Lease agreements/Roommates

Posted by donnak267 (My Page) on
Thu, Jul 10, 08 at 13:35

Ok so i rent a townhouse. My now ex-boyfriend and I lived there together. But he just recently decided to move out (his name is still on the lease) Will he be responsible for paying half of the rent, even though i kicked him out? Also i can not afford this place alone, and i read over my lease and in it where my landlord shouldve put something about how much of a notice and how much it would cost to break the lease. In this situation could i just give him a 30 day notice and be able to not have to pay? And would that mean id have to forfeit my security deposit?

Thank you!


Follow-Up Postings:

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RE: Lease agreements/Roommates

You kicked him out, why should he pay for a place he's not living in? You didn't say whether the lease says you can give 30 days or not (and what period of time are you referring to about not having to pay?). The security deposit is usually about damage, not rent. But you really need to talk to the landlord to get definite answers - we can only guess, not having read the lease or knowing the laws in your area re being 'kicked out'.


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RE: Lease agreements/Roommates

I agree with Lucy -- you can't kick a roommate out and then expect them to continue to pay rent. Like Lucy says, find out the definites from the landlord. Don't wait and stress out until you're desperate. The answer is usually not as bad as you think though waiting too long can make the answer be very bad. If you can't afford the rent alone, why don't you advertise for a roommate or if you don't want to do that, ask the ex if he wants the apt. and you move out.


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RE: Lease agreements/Roommates

What is the situation here? Did he decide to move out, or did you kick him out?

Since both your names are on the lease, you each have the equal right and responsibility to the unit. If you prevented him from living, then you're gonna be paying the full rent.

If he moved out on his own, you could just keep paying half the rent each month and let the landlord sue your ex.


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RE: Lease agreements/Roommates

If he moved out on his own, you could just keep paying half the rent each month and let the landlord sue your ex.

This is not a true statement, unless the two of them had separate, individual agreements with the landlord. If she does this, she will almost certainly be evicted and probably will be sued for the unpaid rent. (BF may also be sued, but landlord is legally allowed to come after either or both of them for the money, and since she'll be the one in the house, she'll be the easiest target). Possibly *she* could sue BF in small claims court for his share of rent until she can find a new roommate, if he just up and left her with no warning, but she is still obligated to pay the landlord the full rent amount.

http://www.studentlegal.ucla.edu/Documents/ROOMMATE ARTICLE 9-06.pdf

http://www.askmehelpdesk.com/real-estate-law/joint-lease-roomate-problem-help-29015.html

http://www.move.com/rentals/finance-and-budgeting/Making-Rent-Payments-with-Roommates.aspx

Here is a link that might be useful: jointly and severally


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RE: Lease agreements/Roommates

Craigslist


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RE: Lease agreements/Roommates

Finding a new "boyfriend" through Craigslist would most likley be more probmatic than the situation is right now for donnak267 and dowright dangerous.

What quirk said is entirely correct and since donnak267 says she cannot afford the apartment alone, without her now former boyfriend living there, the best thing to do is to talk to the landlord and see if the lease can be severed by mutual agreement. The landlord does not have to do this but some landlords will allow it according to their terms. That means most likely losing the security deposit and paying rent until the apartment is re-occupied which is still better than going into debt living there for the entire term of the lease if she really cannot afford it.

Although it may be possible to "afford" the apartment if one cuts back on frivolous expenses. This may mean no cable television. Dial-up instead of broadband. Cancel magazine subscriptions. No new shoes for a while. No 'nights on the town'. Sometimes it is amazing what one can afford if one redircts their money. Of course if one is already living a frugal lifestyle and there is nothing to cut back on, then moving is the only option. Hopfully the landlord is one who is willing to work things out to a mutually beneficial agreement. You never know.....maybe there is a waiting list of prospective tenants who are willing to pay more for rent than he is getting now? It never hurts to try to communicate with a landlord.


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