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Can roommate evict subtenant? Wisconsin

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Old Jun 16th, 2007, 03:44 PM     #1
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Default Can roommate evict subtenant? Wisconsin

I found a man to sublet my bedroom in my apartment that I shared with one other woman. On June 1, we met with the apartment manager to sign a sublease. To my surprise, the entire process consisted of the manager crossing off my signature & SSN from the original lease, and having my subletter sign his name & write in his SSN. I forgot to ask for a copy of the sublease that day, and I'm still trying to get them to fax me one.

Yesterday, June 15, the owner of the apartment called to say that my roommate had kicked out my subletter the very first night, and that they needed me to continue paying rent until I could find another subletter. Since he waited 2 weeks before alerting me that my subletter had left, he reduced June rent that I owe in half. But since I have a sublease, I don't feel I should have to pay anything at all.

Did my roommate have the right to evict my subletter? And since my name was crossed off the lease and his was written in, then why do I still have to continue paying rent? Since my roommate made him leave, wouldn't the responsibility to pay full rent fall with her until she can find another subletter? I don't even have a key to the apartment anymore, so I can't show it to prospective renters.

I feel that I did everything correct and legally, but the only thing that worried me is this line from my original lease: "If Landlord consents to an assignment or sublease, such consent shall in no way relieve Tenant of Tenant's liability under this lease."

I live in Wisconsin - Please help...
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Old Jun 19th, 2007, 12:57 PM     #2
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Default Re: Can roommate evict subtenant? Wisconsin

Normally a lessor like you is still responsible to the landlord and the subletter is responsible to you.

If you have a dispute with another roommate that is between you two--the landlord is still owed his rent by you.
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Old Jun 19th, 2007, 06:33 PM     #3
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Default Re: Can roommate evict subtenant? Wisconsin

I have a little more information to add to this:

The landlord allowed my ex-roommate to "veto" the change to the lease (the subtenant) after the subtenant had already moved in. My lease says nothing about any veto power. It says that the subtenant needs only to be approved of by the landlord, and by the landlord putting his name on the lease and giving him the keys, that counts as approval to me. It appears that the landlord gave into my roommate's demands when he shouldn't have.

They waited 2 weeks before telling me this, until after I had already signed another lease. So now I have two leases, because they didn't feel it was important to tell me sooner that they had vetoed my subtenant.

Does anything know anything about veto power, and if it is a "common law" that goes without saying, or if it needs to be specifically stated in the lease? My problem is that she likely wants the entire place to herself, and will unreasonably veto every single potential roommate.
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Old Jun 20th, 2007, 05:50 PM     #4
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Default Re: Can roommate evict subtenant? Wisconsin

The other roommate has to act reasonably and timely but can refuse to live with somebody--they had agreed to live with you originally.
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Old Oct 22nd, 2008, 06:47 PM     #5
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Default Re: Can roommate evict subtenant? Wisconsin

both roommates under the original lease must agree to allow the subleasee to enter the agreement, so yes, your roommate does have a "veto" power, per se
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