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    nextshermet's Avatar
    nextshermet Posts: 1, Reputation: 1
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    #1

    Oct 8, 2008, 01:53 AM
    Consent of room mate to sublet
    Hi. I am shifting to another apartment and need to sublet my room in the apartment I was previously living in.I had signed a joint lease with some one.The previous apartment is two bedroom+2 bathrooms and I intend to sublet my bedroom+bathroom.Do I require my roomie's consent to sublet my part? She has been saying no to sublet , and I cannot afford paying at two places.Nothing about roomie's consent has been mentioned in the lease document.They just mention that I need to pay some money to the Landlord/ Property Owner in order to sublet.

    Thanks.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 8, 2008, 05:28 AM
    Quote Originally Posted by nextshermet View Post
    Hi. I am shifting to another apartment and need to sublet my room in the apartment I was previously living in.I had signed a joint lease with some one.The previous apartment is two bedroom+2 bathrooms and I intend to sublet my bedroom+bathroom.Do I require my roomie's consent to sublet my part? She has been saying no to sublet , and I as a matter of fact cannot afford paying at two places.Nothing about roomie's consent has been mentioned in the lease document.They just mention that I need to pay some money to the Landlord/ Property Owner in order to sublet.

    Thanks.


    If you are both on the lease I would say, yes. If the present roommate is unhappy with the new sublet roommate situation he/she could simply move and you would be on the line for half of the balance of the lease.

    If it's a joint lease you are both legally responsible and one of you can't simply walk away and one of you can't cancel/break/void the lease.

    You didn't ask about the "moral" end of things but I think simply saying, "Here's your new roommate" and wallking away sort of, well, is unfair.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 8, 2008, 05:35 AM

    If you both signed the lease, then you have to deal with the landlord on this. If the lease and the landlord permits, you can, legally, sublet.

    But I agree with Judy that there is a moral aspect to this. I don't know what your relationship with the roommate is or how you came to be roomies, so the moral issue could be moot (i.e. if you had taken over from someone else and didn't know the rooomie before).
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #4

    Oct 8, 2008, 08:12 AM
    OK, I'm taking the landlord angle on this...

    This could get ugly and contentious. I would talk to the landlord first and find out what THEIR requirements are. There's no point in going round and round with your roommate, only to find out that the landlord is going to require something completely different from you. START with the LL and work from there.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 8, 2008, 09:27 AM
    Quote Originally Posted by rockinmommy View Post
    OK, I'm taking the landlord angle on this........

    This could get ugly and contentious. I would go ahead and talk to the landlord first and find out what THEIR requirements are. There's no point in going round and round with your roomate, only to find out that the landlord is going to require something completely different from you. START with the LL and work from there.
    I totally agree. Especially if both parties signed the lease. In that case their dealings should be with the landlord. The tenants have to work under the terms of the lease.

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