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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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consent of the housemates over a new tenant
Hi,I used to live in a housesharing with three other people. I decided to move out of the house 2 months ago for personal reasons. As I signed a binding contract which doesn't specify a right to a month's notice, I am paying both rents (the location where I used to live and the new one where I am currently) It's been two months that I am looking for someone to replace me. My landlady also is trying to look for someone. But it's very difficult. The end of the tenancy lasts until the end of august.What makes my search very difficult is the fact that my landlady told me that my ex-housemates have to give their consent on the person that will take my former room. But anything like this is written in the contract. Does she have the right to claim this? This is very annoying because my ex-housemates went on holidays and they wont come back until late in april. So this means that as they have to give their consent,i have to wait for their return and pay for april. It's very annoying because I found 2 people interested in my ad. My landlady told me that she won't give them the room even if one of them wants the room because my ex-housemates wont be here. I would like to know if my housemates and my landlady have the right to claim their consent over the potential new tenant.It is more the housemates who claim this consent and my landlady actually doesn't care about the person who will move in.She just told me that as it's a joint contract, the housemates have their say. Is it true???
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#2 |
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Since the housemates are also on the lease, they do have a say in who lives with them unless each tenant is renting separate quarters. If some areas of the rental are shared/common areas, they do need to approve of the new roommate. But the LL must also approve of the new roommate. She needs to take an application from the prospective tenants and screen them before the roommates come back. If the new rommate is approved by the LL, then the person can be introduced to the new roommates with the assurrance that the person has been screened (criminal / background / court records, former LL references, former roommate references if any, employment and income verification, credit check, etc.) Knowing that the new roommate has had a criminal background check may go a long way to gaining the roommates' approval. (The roomates don't get to see all of the info, just are asured that the LL has seen and approved of it.) If your LL doesn't care about the person who will move in, she's not a very good LL and you may have little chance to get the roommates' approval. (Would you want a new roommate that no one knew and no one had screened?) It is your LL's job to screen this person. If she refuses, as to be let out of further obligation under the lease since the roommates will have to find their own roommate.
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