[vermagnussen]

My description/question is broken into two parts. The first are the 'essentials' that I believe are legally pertinent, while the second is 'color commentary' giving some context to the situation.

The basics:

I currently reside in an apartment with two other roommates. We are now on a month to month lease which we all signed in 8/2006. We have each also signed an agreement with the building management stating that when one roommate moves out that written notice be given them signed by ALL people on the lease. We also informally(verbally) agreed that when one of us would leave we would find a replacement.

The current situation lies at this. I am trying to move out and have made a good faith effort to replace myself for which I have ample proof. They in turn have deliberately thwarted my efforts to find a reasonable replacement(elaboration below). They also, of course, refuse to sign the above mentioned release.

I talked to the leasing office today who were friendly and even sympathetic but stated that even though the lease is month to month I still needed their signatures to release myself from the lease. I stated several times that this didn't make sense seeing as they could keep me in limbo indefinitely by not cancelling the lease and refusing to sign and since it's month to month I should be able to give my own notice to vacate regardless of their intentions. She politely told me that that's not their policy and I would need to get their signatures. Pushing any further wouldn't have gotten me anywhere at that point so I settled for signing and dating my own ad hoc notice of release on a post it note which she reluctantly put in the apartment's lease folder.

My first question is, how could this be possible? Am I missing something or am I really left to the whim of my current roommates until they decide to move?

Secondly, would my good faith efforts to find a reasonable replacement help towards anything?

Color Commentary:

I wanted to separate this part as some of it may be pertinent but is probably just aggravating roommate stuff that doesn't have any recourse.

As I mention above they've worked against my good faith efforts to find a replacement. The common areas are appallingly maintained and filled their stuff that belongs in their personal space. The carpet in the living room/entranceway is repulsive and it is able to be replaced for FREE by the building because it's over five years old but they refuse to consent to having it done. It was originally an off white color but is now a dark brown and has several holes in it. When I've brought over prospective tenants they've been cold to down right rude (i.e. glaring at them and refusing to address them when they said hello). So, in short, they're making it next to impossible to replace myself.

One last note:

One of the potential roommates was a visually impaired girl who has a service animal. She was willing to take the place in spite of the disrepair because of the location and the fact that my personal space is well maintained. However, one of the roommates refused because he claimed he was allergic to dogs (I'm almost 100% certain this is just a lie and an excuse to deny her but of course have no way to prove it). I know if she were the sole tenant they would not be able to deny her a residence but I'm guessing the "allergy" excuse is enough to deny her as a roommate?

If you've made it this far thanks for reading. If you can provide any guidance as to my options with the lease and whether my attempts at finding a replacement could serve a purpose I would greatly appreciate it.

Thanks!

[ScottGem]

This is an interesting one. I think, because you signed the agreement that all three had to sign a release, you may be bound by it. It's a very sticky legal point that could go either way in court. I would strongly suggest you consult with a local real estate attorney.

As to the good faith effort, that will help if you have to go to court.