Ask Experts Questions for FREE Help !
Ask
    jerrodcarter's Avatar
    jerrodcarter Posts: 2, Reputation: 1
    New Member
     
    #1

    Apr 19, 2008, 03:18 PM
    Tenant landlord law
    Last Saturday my roommate up and moved out while I was at a baseball game. We have a signed lease which I am assuming makes it a binding contract and her liable for the remainder of the lease. But my real question is... the landlord allowed her to sign a lease to live in another apartment on the same property! Is the landlord in violation of the lease also? And if so what are my legal options? I received no notice from either the roommate or the landlord. And if they are in violation of the lease, may I sue both the roommate and the landlord. This has put enormous strain on me and my family... any help is appreciated:confused:
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Apr 19, 2008, 03:24 PM
    Your landlord broke no law. He can rent 10 more apartments to her and its still legal. I assume as you that she intends to stiff you on her half of the rent but until that happens you can't do anything. If she continues to pay, which I doubt, all is good but if she stiffs you then you must sue her. In either situations the LL has done nothing wrong or illegal. There is an old saying that anybody can sue anybody but if you sue the LL you will not win a dime.
    jerrodcarter's Avatar
    jerrodcarter Posts: 2, Reputation: 1
    New Member
     
    #3

    Apr 19, 2008, 03:32 PM
    She did not pay her part of the rent this month... like I said she just up and moved out.. wihtout any notice... so should I go ahead with legal action against her?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #4

    Apr 19, 2008, 03:36 PM
    That is really only for you to decide taking into consideration how many more month are left on the lease. One month= don't bother, 11 months+ sue her butt. Any words going back and forth with you two? Does she return calls or blow you off, any idea why she pulled the stunt.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #5

    Apr 19, 2008, 03:48 PM
    I suppose you could rent ten units if you wished; so could your roommate. I believe your roommate is liable for 1/2 the rent. You can sue each month, or after each month that is not paid. Can you collect?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #6

    Apr 20, 2008, 09:38 AM
    If you sue I am pretty sure you will win and be able to collect. If your old roommate has the ability to pay rent for the new unit you can get a judgement against her and possibly a lien.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Apr 21, 2008, 07:23 AM
    There is some missing information here. You say you have a signed lease, but you don't say with whom. If you are both signed onto the lease with the landlord, then the landlord has every right to transfer the lease to another unit. I think the landlord would need to give you time to find another roommate or find one for you.

    If the landlord tried to sue you for the rent the roommate owes, you would have a case against them. But if the roommate had a lease with you, then they broke it and would owe you until the end of the lease or when you can find a replacement.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Landlord/Tenant [ 1 Answers ]

All and any help/advice/assistance is greately appreciated. I live in Florida, I have signed a lease on a property for a one year period. But after only 2 months of living in this property the owner is going into FORECLOSURE. Here are my concern: First of all no where in the lease contract...

Landlord/Tenant [ 3 Answers ]

All and any help/advice/assistance is greately appreciated. I live in Florida, I have signed a lease on a property for a one year period. But after only 2 months of living in this property the owner decided to SELL the property. Here are my concern: First of all no where in the lease...

VA landlord/Tenant [ 1 Answers ]

I have a tenant who has been late with rent since January and is late for May and I will get the money June for May. I have felt sorry because she has children but should I send her a letter and say what?

Landlord Tenant [ 6 Answers ]

I have a problem with my landlord and the association and I need your assistance. The property is in North Brunswick, NJ In June, my landlord received a letter, dated June 16th, stating that I have placed some miscellaneous items (Couple of buckets and a mop stick) on the deck of my rented...


View more questions Search