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View Full Version : Held to a lease by ex roommates


Crwnmatty
Feb 18, 2009, 05:24 PM
So here's my story! I moved into an apartment with two other roommates here in south Carolina. Things went bad and I ended up moving out. I paid rent for awhile while I wasn't living there but stopped because my ex roommates were using the empty room for their own space. Their rent got backed up for two months but at the end the landlord used my deposit to cover 1 month and the ex roommates split the second. They found a person to rent my room but instead of making them sign the lease they drew up their own agreement with the tenant in order to keep me on the lease but still receive rent from the new tenant. Because things went bad and are still bad between me and the ex roommates they refuse to allow me off the lease. They say because they found her and also just in case things don't work with her they can hold me responsible still for the room. My questions are:

1) is this legal?
2) can the landlord use my deposit without receiving a deposit from the new roommate? In turn making her sign the lease taking me off.
3) what are my options/rights as far as my name still being on the lease?

NotMarshmallow
Feb 19, 2009, 07:15 AM
Did you send written notice that you were vacating and breaking your lease with the landlord? Have you alerted the landlord that the other party has moved in and should be approached for his leasing/contract needs?

ScottGem
Feb 19, 2009, 07:42 AM
If you can prove that they had another person move in, then you are off the hook.

Since you signed the lease, you arre responsible for the rent until the lease expires or until they find a replacement. Also, they need to make a good faith effort to find a replacement.

The landlord can opt to use the deposit to pay for unpaid rental. So if you stopped paying he could apply the deposit towards what you owed.