Expert: Sylvia Bergthold - 12/11/2006

Question
I signed a  6 month lease with two other roommates and we can no longer get along. The lease I signed does not specify how any of the tenants can get out of the lease. How can I get my name of the lease. Or what do I do to get my name of the lease? I have talked with the onsite manager and he does not show any interest in helping and I have also contacted corporate and I have gotten no respond. What can I do?

Answer
Hi Suzette

Go to the Fair Housing Council in your city (usually part of city hall), bring a copy of your lease agreement with you and ask their advice. You need to determine what your rights are.

My info is generic and each city, county and state tack on their own rules to the housing codes.

Generally, you get a replacement roommate for yourself. It will entail sitting down and talking to your roommates because they need to approve the new person (as does the landlord).  If you walk out of the lease, your roommates will have to pick up your share of the rent so your roommates need to cooperate with you.  In most states the landlord will NOT go after the roommate that left because most leases are written where EACH person is held responsible for the entire rent if one leaves. He is not going to go chasing all over town to collect his rent when the other two are still there.

However you need to understand that if they cannot find another roommate, and they all get evicted because of non payment of rent, YOUR name will also appear on the eviction notice.  This will wreck your credit rating so under no circumstances do you want this to happen.

In some states, you can pay a fee to remove your name off the lease, in other states, they require the signature of ALL lease holders before releasing one off the lease.  So you need to check to see how it is done in YOUR city.

If you get nowhere with this, then you will just have to bite the bullet, stay there until your lease agreement is up. And just remember, that in most places, YOU do not get your security deposit back until EVERYBODY leaves or the lease period expires.

That's it. Good Luck.

Sincerely
Sylvia Bergthold
www.aroommatesurvivalguide.com