Question

by TheClarinetist 11 Replies latest jw friends

  • TheClarinetist
    TheClarinetist

    Wow... I never pick happy times to make posts on this board... So before I continue, I give you a puppy.

    http://www.youtube.com/watch?v=AMt0nQ4mVCI&feature=fvst

    Anyway, so my other roommate is planning on moving out in January (spoke of the craziness that's been going on lately in an earlier thread). I asked him what his plans for his portion of the lease/rent were so that we could plan accordingly, and he told us that we could find someone to cover his portion for the remainder of the lease. This is the response I'm thinking of sending to him:

    Yes we can [look for someone to take over your part of the lease]. But until we do, you (and by extension your dad [who cosigned for him]) will be legally liable for the entirety of the lease, just like [my girlfriend] and I are. We're going to look for someone, but it might be in your best interests to look as well.

    Any comments/thoughts/suggestions?

  • tenyearsafter
    tenyearsafter

    Sounds good

  • Gayle
    Gayle

    Smart!

  • DesirousOfChange
    DesirousOfChange

    Send it to his Dad too!

  • Twitch
    Twitch

    Techically, if he signed on as a party to a lease, he's responsible for his portion until the term is up or someone sublets it from him. It's his responsiblity to take care of, not yours IMO. However, the landlord may still hold you responsible as parties involved in the original lease.

    Oh, and thanks for the puppy, but I'm full...

  • james_woods
    james_woods
    Techically, if he signed on as a party to a lease, he's responsible for his portion until the term is up or someone sublets it from him. It's his responsiblity to take care of, not yours IMO. However, the landlord may still hold you responsible as parties involved in the original lease.

    That's what I was going to ask - also: If he was not named on the lease, did you have a personal written contract with him?

    If it was all verbal, I think you are very likely up the old creek without a paddle.

  • wha happened?
    wha happened?

    actually, leases are held jointly and severaly. The rent is due in full. The landlord/property manager cares little of who's actually paying it, as long as it's in full. The parties on the lease all have a full responsibility of rent to be paid. Don't expect the landlord to chase the tenant who is leaving for a percentage of the rent that's not paid. Any shortage will be pointed out to u in the form of a letter to pay rent or quit. If you end up paying for the rent in full, you will have to pursue the vacating tenant for the shortage of funds.

    Good luck

  • TheClarinetist
    TheClarinetist

    What WH said. We are all jointly responsible to make sure it is paid in full. Of course, my girlfriend's lawyer cosigner made sure that he was only liable for a quarter of the rent, which leaves the landlord to sue a) a poor grandmother, b) a poor college student, or c) an extremely wealthy , well known, and influential business owner. That's assuming she goes after the cosigners, of course.

    Actually... she might go after us poor people because our lawyers aren't as good. LoL

  • wha happened?
    wha happened?

    what was the language of the indemnification of the full rent?

    BTW, 99% of these go through small claims. No attorneys. However the avg small claims court judge is a wanna be attorney and is incompetant at best. As a landlord I've seen those courts many many times

  • 00DAD
    00DAD

    Ah, the joys of sharing a lease!

    You can pursue your legal recourse as WH and TheClarinetist suggested and probably should be prepared to pursue that. But, in the interest of self-preservation, you should also look for a new renter.

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