3 tenants signed lease -- who is responsible? (roomate agreement)

This is a discussion on 3 tenants signed lease -- who is responsible? (roomate agreement) within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I answered an add on craigslist for a "roomate needed to pay 1/3 rent and utilities". I signed a lease ...

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Old Dec 9th, 2010, 01:30 PM   #1
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Default 3 tenants signed lease -- who is responsible? (roomate agreement)

I answered an add on craigslist for a "roomate needed to pay 1/3 rent and utilities". I signed a lease with the other two tenants. All three names are on the lease. Lease does not state "jointly or shared" verbage anywhere. There is a Roomate agreement listed by LL on the lease as being part of the lease. The roomate agreement states specified amount each tenant must pay for rent. Each tenant pays their portion individually to the LL. Now- one tenant has been evicted by the LL, and the other tenant paid out her lease and ended her lease. I am the only one left and the LL is telling me I am responsible for the full rent versus the amount listed on the roomate agreement that is part of the lease and signed as such by the LL!
Can I be held liable for full rent when the lease states nothing about "jointly or shared" responsibilities and the roomate agreement states I am only to pay a certain amount?
The LL is also telling me I am responsible for finding replacement roomates. Is this true? I answered a craigslist add thinking I found a great deal and am now going through this craziness- please help!
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Old Dec 10th, 2010, 05:27 AM   #2
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Default re: 3 tenants signed lease -- who is responsible? (roomate agreement)

As your agreement is silent about joint and several liabilities, you cannot be made liable for full rent. Especially your lease agreement is having separate room mate agreement; each room mate is liable for rent to their portion. Even you cannot be made liable for any damages caused by the other two tenants. You are liable to pay rent for the portion which you are using. If the LL is harassing you on this, then it is advised that you consult a Property Attorney who can help you solve this issue.
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Old Dec 10th, 2010, 07:34 AM   #3
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Default Re: 3 tenants signed lease -- who is responsible? (roomate agreement)

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I answered an add on craigslist for a "roomate needed to pay 1/3 rent and utilities". I signed a lease with the other two tenants. All three names are on the lease. Lease does not state "jointly or shared" verbage anywhere. There is a Roomate agreement listed by LL on the lease as being part of the lease. The roomate agreement states specified amount each tenant must pay for rent. Each tenant pays their portion individually to the LL. Now- one tenant has been evicted by the LL, and the other tenant paid out her lease and ended her lease. I am the only one left and the LL is telling me I am responsible for the full rent versus the amount listed on the roomate agreement that is part of the lease and signed as such by the LL!
Can I be held liable for full rent when the lease states nothing about "jointly or shared" responsibilities and the roomate agreement states I am only to pay a certain amount?
The LL is also telling me I am responsible for finding replacement roomates. Is this true? I answered a craigslist add thinking I found a great deal and am now going through this craziness- please help!
The lease did not have to state "jointly or shared" in order to demand the full rent.

You have stated that one tenant was evicted and one tenant successfully ended the lease. That leaves you, my dear. You agreed to be a tenant. If you want to continue to live there you must pay the full rent amount until such time you can A) get new roommates or B) move out.

Yes, you are responsible for finding replacement roommates.

In the future, read your lease more carefully and ask the landlord questions when you are unclear about rights and responsibilities
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Old Dec 10th, 2010, 12:43 PM   #4
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Default Re: 3 tenants signed lease -- who is responsible? (roomate agreement)

I have exactly the same situation--THX.
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Old Dec 13th, 2010, 06:52 AM   #5
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Default Re: 3 tenants signed lease -- who is responsible? (roomate agreement)

Added more clarification in repost- hope it helps in receiving further guidance-thanms!
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Old Dec 14th, 2010, 07:47 PM   #6
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Default Re: 3 tenants signed lease -- who is responsible? (roomate agreement)

lease states no sublet permitted- I have written landlord asking for permission -gives verbal permission but he will not put in writing permission to sublet-and turns out roomate wasnt evicted, was given 30 days nptice to vacate-doesnt that mean she is still responsible for her share of the rent until the term of the lease?
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Old Dec 14th, 2010, 08:06 PM   #7
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Default Re: 3 tenants signed lease -- who is responsible? (roomate agreement)

Tenant is not on lease but subletting?
Tenant gave 30 day notice or landlord did?
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Old Dec 14th, 2010, 08:40 PM   #8
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Default Re: 3 tenants signed lease -- who is responsible? (roomate agreement)

roomate broke lease contract-had 5 animals in house- LL gave her notice to vacate, she vacated. I am still trying to understand why she is not responsible for the rest of her lease. Vacating makes you exempt from remainder of your lease?Landlord states I need to either pay her share of rent or get a new roomate for remainder of the vacated roomates lease. But there are two issues I have- first, the lease states "may not sublet" , second the landlord actually hand wrote on the lease itself that the roomate agreement is considered part of the lease. Now- the roomate agreement I am told is not legally binding to the landlord- however in this case the landlord actually wrote that it is part of the lease. Does this difference make the roomate agreement legally binding as part of lease? I ask because overall rent for house is 1400 per month- whereas roomate agreement states specified amount for my portion of only 550. I am drowning in a bad situation - cant afford 1400 a month rent. Am unsure about legality of the roomate agreement being binding to the LL as she signed it in to the lease agreement. TO me it means the roomate agreement should be read as a continuation of the lease becasue the LL stated it is part of lease in the lease. Doesnt this mean I can only be held accountable for the specific rent amount listed for me to pay on the agreement versus the implied total amount of 1400?
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Old Dec 14th, 2010, 08:45 PM   #9
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Default Re: 3 tenants signed lease -- who is responsible? (roomate agreement)

If roomate was not on lease then roomate is not bound by its terms
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Old Dec 15th, 2010, 10:03 AM   #10
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Default Re: 3 tenants signed lease -- who is responsible? (roomate agreement)

But you can enforce any agreement you made with the roommate.
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