View Full Version : Is my roommate liable for full month of rent?
RockinRedhead4
Jun 27, 2012, 08:37 PM
I have a roommate who refuses to help with housework even though we both signed a roommate agreement stating what chores need to be done. He recently punched a hole in the wall and the following day(27th) I gave him a 30 day notice for breech of contract. If he moves before rent is due (7/4/12) is he liable for rent for any part of July? In our contract it states the vacating party is liable until released by other roommates(me) and until another suitable roommate is found along with any damages he created. We live in Oregon.
AK lawyer
Jun 28, 2012, 05:03 AM
I don't know about this roommate contract, but he is probably liable to the landlord. Did he sign the rental agreement with the landlord?
RockinRedhead4
Jun 28, 2012, 10:35 AM
I guess I need to clarify, he was given the notice on June 27th and rent it due 7/4, so if he moves out before the rent is due is he liable to pay his portion of rent. I know that when you give a 30-day notice your desire to move you are liable for that full 30 days of rent, but I am not sure how it works if you are given a 30 day notice.We are on a month to month. Our roommate agreement states the following;
Even if a Roommate vacates the premises, he shall continue to pay his full rent until the lease expires or he is released in writing by all of the other Roommates. It will be the responsibility of the vacating tenant to give 30 day written notice of intention to vacate. Vacating tenant will also be responsible to advertise and set up with other remaining roommate interviews for a replacement tenant, including getting them added to current rental agreement. Until this is fulfilled vacating person will remain liable for all rents, but not utilities.
ScottGem
Jun 28, 2012, 11:03 AM
You didn't answer AK's question. Is he on the lease you signed with the landlord. Even though you may be month to month, if he is a co leaseholder you can't give him notice, the landlord has to. If, he isn't then you are his landlord and can give him 30 days notice.
If he leaves prior to vacate date, you could only hold him responsible until you replace him or the 30 days expires.
ScottGem
Jun 28, 2012, 11:03 AM
You didn't answer AK's question. Is he on the lease you signed with the landlord. Even though you may be month to month, if he is a co leaseholder you can't give him notice, the landlord has to. If, he isn't then you are his landlord and can give him 30 days notice.
If he leaves prior to vacate date, you could only hold him responsible until you replace him or the 30 days expires.
RockinRedhead4
Jun 28, 2012, 12:03 PM
Yes he is on the lease & I checked with the Rental housing association and the landlord before giving him notice so that I can do it legally, but I forgot to inquire about his financial liability.
ScottGem
Jun 28, 2012, 12:10 PM
Did the landlord empower you to act on his behalf? Because frankly, I don't think you have any right to issue him a vacate notice.