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bellavida
Mar 18, 2007, 10:34 AM
Hi
I am from Philadelphia.
My roommate and I signed a lease that will expire on 8/31/2007, but she wants to move out at the end of May and wants her half of the last month rent to cover the month of May.
He is bounded to the lease until it ends.
What can the landlord do to me if I only pay my part in May? Will the landlord evict me?
My roommate is still dependent on her parents financially. So can I still sue her in small claims court after 8/31?
What do you recommend?

Would really appreciate your help.

Cvillecpm
Mar 18, 2007, 11:20 AM
Hi
I am from Philadelphia.
My roommate and I signed a lease that will expire on 8/31/2007, but she wants to move out at the end of May and wants her half of the last month rent to cover the month of May.
He is bounded to the lease until it ends.
What can the landlord do to me if I only pay my part in May? Will the landlord evict me?
My roommate is still dependent on her parents financially. So can I still sue her in small claims court after 8/31?
What do you recommend?

Would really appreciate your help.
Yes and Yes... your landlord can evict you if the full rent is not received AND you can sue your roommate AND parents although you need to work with your landlord so that hopefully he will sue roommate and parents.

Fr_Chuck
Mar 18, 2007, 11:50 AM
Yes if you do not pay full rent, the landlord can evcit you. And you can sue the roommate the day after she is late with the nexts months rent.
You can also try to rent her room out to someone else

bellavida
Mar 18, 2007, 11:52 AM
Yes and Yes...your landlord can evict you if the full rent is not received AND you can sue your roommate AND parents although you need to work with your landlord so that hopefully he will sue roommate and parents.

She went as far as to write a letter to the landlord that I was going to pay the rent fully for May, June, July, and August (even though I disagreed to her on our emails to each other) so she could get out of the lease. I went to see the landlord, who told me the landlord would not let her off the lease. What should I do when I deal with my landlord? Should I send a certified letter to my landlord stating that I am responsible for my half only
I signed a renewal for next year for this same apartment for me.

I signed the renewal of the lease last year that we both signed for our first year.
If she didn't sign it, is she still accountable?

So if I pay the full rent for May, I can sue her for the months remaining until the end of the lease (8/31) after the lease ends? Can I kick her out in May for not paying since she is planning to stay until the end of May?

I can sue both her and her parents in small claims court even though she is the only one on the lease? She does not have a bank account to her name.



Thank you so much.

landlord advocate
Mar 18, 2007, 05:52 PM
Taking into consideration ONLY the lease that is current: Did she sign the current lease which ends August 2007? Your second post reads as though YOU were the only one that signed it. This makes a BIG difference.

If both of you signed the current lease, then she as responsible for the full payment until the lease ends. Whether she lives there for not, she is just as responsible as you are. Both tenants are equally responsible for the full amount of the rent.

As far as the tenant's parents. How old is this tenant? Unless the parents are on the lease as a cosigner, they may choose to support their adult child, but that doesn't mean the parents are legally responsible to pay the rent. Is a parent listed as a cosigner of the current lease ending 8/2007?

If you intend to stay at this property, the full amount of the rent is due every month until the lease ends. Once the lease ends, you should file a small claims case against your roommate.

If her name is on the lease, the landlord is not going to take it off. He has no reason too. Right now he has two people he can collect from, if not today then sometime in the future. As far as security deposit or last month's rent... that is between the landlord and the tenant who is planning on leaving. Don't get involved.